Webb v. Thornburgh’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A demurrer can only be sustained where the complaint is clearly insufficient to establish the pleader’s right to relief. . . . For the purpose of testing the legal sufficiency of the challenged pleading a preliminary objection in the nature of a demurrer .admits as true all well-pleaded, material, relevant facts, . . . and every inference fairly deducible from those facts. . . . The pleader’s conclusions or averments of law are not considered to be admitted as true by a demurrer. . . . Since the sustaining of a demurrer results in a denial of the pleader’s claim or a dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted. ... If the facts as pleaded state a claim for which relief may be granted under any theory of law then there is sufficient doubt to require the preliminary objection in the na-' ture of a demurrer to be rejected. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. Brown v. Taylor