Allen v. Plummer’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has been, in effect, held by this court that articles 3064 and 3066 of the Revised Statutes, which directs that the demand for a jury shall he made and the jury fee paid upon the first day of the term, are not .strictly mandatory, and that the failure to make the payment on that day does not forfeit the right to have a trial by jury, when such failure does not operate to the prejudice of the opposite party. Allyn v. Willis, 65 Tex. 65 ; Gallagher v. Goldfrank, 63 Tex. 473 ; Hardin v. Blackshear, 60 Tex. 132 ; Berry v. Railroad, 60 Tex. 654 . “Applying this rule to the case before us, we think the court erred in not passing the case until the call of the jury docket, and in trying the case without a jury. It is true that the trial judge says in explanation of his action that the result of a compliance with plaintiff’s demand would have been to deprive the defendants of a trial until-the next, term of the court, from which we infer, as the jury docket had not been called, that in his opinion the time of court and the state of that docket 'would not admit of the case being reached at the then existing term.””

   1 later decision quote this exact passage
   e.g. Blair v. Paggi