Mitchell v. Allison’s Empirical Analysis

Citation profile

5 federal appellate · 63 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The orderly administration of law and the expeditious trial of cases require definite rules of procedure in appellate practice, and that they be enforced without favor. Unless the trial court’s attention is called in some manner to the fact that it is committing error, and given an opportunity to correct it, cases will not be reversed because of errors which could and would have been corrected in the trial court, if they had been called to its attention. In the hurry of trial work such errors are common, and one who is not satisfied with a ruling of the trial court should call to its attention the fact that it may be committing error, thus giving an opportunity to correct the ruling, if, in the light of the objection or exception, it should conclude that such ruling was error.””

   2 later decisions quote this exact passage
   e.g. City of Albuquerque v. Ackerman · Harrison v. ICX, Illinois-California Express, Inc.

2. “"It was held by this court on the first appeal that the allegations above recited stated a cause of action, * * * "* * * If facts proved establish the above allegations, then the plaintiff is entitled to recover, whether the law of the case, as we have stated it in the first opinion, is right or wrong * * *."”

   1 later decision quote this exact passage
   e.g. Reed v. Fish Engineering Corporation

3. “None but jurisdictional questions shall be first raised in the Supreme Court.”

   1 later decision quote this exact passage
   e.g. State v. Atwood