Welde v. Scotten’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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are all clearly of opinion that the appellee ought not to have been awarded injunction to stop the appellant, Welde, from selling as he desired, in order that the question of fraud in the appellee's title as charged, might be tested at law. Welde being the party who claims to have been defrauded by the conveyances under which the appellee takes title and possession, we think he is entitled to select the tribunal in which he will have his grievances inquired into and redressed, if he is entitled to redress; and although; -it might be within the province of the court of equity to interfere, if it appeared that he was fraudulently setting up this claim for the purpose of wantonly injuring the appellee as is charged in the bill, yet, inasmuch as there is not the slightest evidence in support of that allegation, and there is no reason to suppose he is doing otherwise than making-an honest endeavor to secure his legal rights, we cannot sanction the arrest of his proceedings in that direction, by injunction.””

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Messick