Mann v. Tyler’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Had he been trying the case with a jury, it would have been erroneous, because it would have taken the evidence entirely away from the jury; but he was sitting alone, and the evidence was addressed only to him. When he struck it out as immaterial, he merely decided in effect that it had no important bearing in the case, and ought therefore to be disregarded; and if he returns the facts truly, we cannot say he erred. Presumptively, the note was given for the actual balance due, and defendant did not state facts in his evidence which would overcome this presumption.””

   1 later decision quote this exact passage
   e.g. Foster v. Watson

2. ““But in suing out the writ of certiorari the party elects to rely upon , such return as he is- able to obtain, and he can claim no errors as grounds of reversal that are not shown by it. People v. Hobson, 48 Mich. 27 [ 11 N. W. 771 ]; Rawson v. McElvaine, 49 Mich. 194 [ 13 N. W. 513 ]. An argument that seems to render probable that an error exists which the return does not show is of no avail whatever.””

   1 later decision quote this exact passage
   e.g. McGurrin v. Grand Rapids Township Board

3. ““ Certiorari, in cases which stand upon facts, is a remedy not favorable to justice, because it may set aside a righteous judgment upon errors more technical than substantial. For this reason intendments should be against error on doubtful facts; not in favor of it. The remedy more conducive to justice manifestly is an appeal.””

   1 later decision quote this exact passage
   e.g. Foster v. Watson