Morse v. Lewis’s Empirical Analysis

Citation profile

36 federal appellate · 17 district · 9 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But in exceptional cases, as high authority shows, the dictates of logic will yield to the demands of justice, and the Courts in order to reach a just result, will make use of established and uncontroverted facts not formally of record in the pending litigation.””

   3 later decisions quote this exact passage · from the majority
   e.g. Ellis v. Cates · 31 Md. App. 666 - James v. State

2. ““Counsel for the defendants opposed the retirement of the judge. Under these circumstances it was incumbent upon the court to pass upon the sufficiency of the affidavit as a ground for retirement. * * * “The adverse rulings which he had made in the Nelson V. McMullen Case constituted the burden of the complaint in the affidavit. Such actions, however, are insufficient to support an affidavit of personal bias and prejudice and to cause the retirement of the judge. * * * “In the pending case, the utter insufficiency of the charge of prejudice in this respect is the more apparent from the fact that all of the judge’s rulings in the first suit were affirmed by this court on appeal. * * * “Reasonably construed, the statute requires not merely the conclusion of the affiant drawn from the facts, but a statement^ the facts themselves, and these should be set out with at least that particularity one would expect to find in a bill of particulars filed by a pleader in an action at law to supplement and explain the general statements of a formal pleading. * * *””

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Pioneer Packing Co. · 400 F. Supp. 497 - Duplan Corporation v. Deering Milliken, Inc.

3. “(a) Whenever a party to any proceeding makes and files a sufficient affidavit that the judge before whom the matter is to be heard has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding. (b) The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists and shall be accompanied by a certificate of counsel of record stating that it is made in good faith. The affidavit must be filed at least 24 hours prior to the time set for hearing of such matter unless good cause is shown for the failure to file by such time.”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Evans