Johnson v. Johnson’s Empirical Analysis

Citation profile

40 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ The soldier or sailor in seasons of war has neither time nor mental aptitude for litigation. Without unnecessary discussion, it may simply be stated that while the Act recognizes that in some instances ‘the ability of * * * the defendant to conduct his defense is not materially affected by reason of his military service’, such instances will be relatively rare. And the court is not made aware of any circumstances upon which it may be concluded that this is one of them. “There is nothing novel either in the legislation which the defendant now invokes, or in the policy of judicial and social indulgence towards the absent soldier. Only presumption would impel a judge, in a memorandum of this character, to assemble from legal and general literature the abundant examples of the latter grace. And as to the former, it will be sufficient merely to mention the numerous statutes enacted during the Civil War upon the point (vide: 13 C. J. 143, Title, Continuances Sec. 42 (2), Note 68 and cases cited; 17 C. J. S., Continuances, §30) and the more recent Soldiers and Sailors Civil Relief Act of 1918, 50 U. S. C. A. Appendix §101, et. seq., especially Sees. 112 and 115.””

   2 later decisions quote this exact passage · from the majority
   e.g. Miller v. Miller · Ratliff v. Ratliff

2. ““The Soldiers’ and Sailors’ Civil Relief Act is always to be liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation. The discretion that is vested in trial courts to that end is not to be withheld on nice calculations as to whether preju- ' dice may result from absence, or absence result from the service. Absence when one’s rights or liabilities fire being adjudged is usually prima facie prejudicial. But in some few cases absence may be a policy, instead of the result of military service, and discretion is vested in the courts to see that the immunities of the Act are not put to such unworthy use.””

   2 later decisions quote this exact passage · from the majority
   e.g. Lankford v. Milhollin · 122 Ind. App. 1 - Simpson v. Swinehart

3. ““However, in the national interest, wherever the rights of one in the military service will be adversely affected unless a stay is given, the court must grant a stay. That is one price civilians must pay in aiding the war effort.””

   2 later decisions quote this exact passage · from the majority
   e.g. Lankford v. Milhollin · Semler v. Oertwig