Whetmore v. Rupe’s Empirical Analysis
1884
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently February 1938
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Thornburgh v. Hand · Whitfield v. Whitfield · Waldman v. Broder · Hoeser v. Kraeka · De Thomas v. Witherby
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In De Thomas v. Witherby, the language of the superior court of New York, in Suydam v. Jenkins, 3 Sand. 614, is cited with approval: ‘The undertaking of the plaintiff in the replevin bond, we conceive is absolute to return the goods, or pay their value at the time of the execution of the bond. We do not think that a wrong-doer is ever to be treated as a mere bailee, and that the property in his possession is to any extent at the risk of the owner.’ It cannot be doubted that a plaintiff, who, without right, has seized the property of a defendant under a writ, is a wrong-doer. “Under our code the defendant who recovers a judgment in an action like the present, where the property has been delivered to the plaintiff, is entitled to a judgment for a return of the property; and if the property — all of it — cannot be returned, then to a judgment for the value of the whole.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.