Brown v. Wiley’s Empirical Analysis

Citation profile

2 district ·

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

1. ““ The case, in almost every particular,' is identical with that of Van Ness v. Van Ness. In that case, as in this, an issue of fact was sent out of the Orphans’ Court-to the Circuit Court to be tried by a jury; was tried and' found in the negative. Exceptions were taken to the rulings upon the trial, and an order was ’made certifying the finding, to the Orphans’ Court. The proceeding -was brought into this court. by writ of error, which was dismissed for want of jurisdiction. . . . Tl¡e order certifying the finding to the Orphans’ Court, in the case of Yan Ness, was identical in effect with the two orderá overruling the motion for new trial, and certifying the finding in the case before us. In each case the exceptions taken at the trial before the jury were overruled, and nothing was left for action in the court before which the issues were tried; but the case went to the Orphans’ Court for final judgment.. In that case it was held that the order was not one which could, under tbe act, be reexamined on writ of error, and we see no reason for a different ruling in this.””

   1 later decision quote this exact passage · from the majority
   e.g. Ormsby v. Webb