Lambert v. Sloop’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As we understand it, the, contention of counsel for defendant is, that because the reply contains the words, ‘inconsistent with the allegations of plaintiff’s petition,’ it does not tend to join an issue of fact upon the affirmative defensive matter stated in the answer of the defendant. This contention seems to us to be extremely technical. If these words were objectionable to the plaintiff. he should have moved the trial court to strike them from the reply, or attacked the reply in such other manner as would have afforded an opportunity for amendment if ■sustained by the court, and not obscured the specific defeat by a motion for judgment upon the pleadings, which called into question all the pleadings filed in the case. The reply probably cannot be commenced as a model for challenging the new matter set up as a defense in the answer, but as no motion was filed which challenged its sufficiency upon any specific ground, we would not be justified in reversing the judgment of the trial court upon an objection which to us seems to be the merest technicality.””

   1 later decision quote this exact passage
   e.g. Stone v. Stone