Stewart v. Gibson’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Here the term ‘legal representatives’ has a twofold meaning. In proceedings affecting land it means the heir or devisee. As to personalty the administrator or executor is meant. Therefore if the plaintiff seeks, by a revival proceeding, to affect land only, there can be no good reason for mailing the executor or administrator a party. So if the obtaining of a new judgment is for the purpose of allowance only, as provided by section 6024 of the statute (now 2137'), there can be no necessity for making the heir or devisee a party.””

   1 later decision quote this exact passage
   e.g. Mobley v. Wade

2. “* ‘ The position assumed by the defendant is that to entitle the plaintiff to maintain the action against them, it devolved upon him to show that their father died seized of real estate or that they had received or inherited from him land which ought to be subjected to the payment of plaintiff’s judgment. In answer to this it is sufficient to say that Gibson (the ancestor) may have made a fraudulent disposition of land which might make it important for the plaintiff to keep' the lien of his judgment in force.””

   1 later decision quote this exact passage
   e.g. Mobley v. Wade