Wyatt v. Cole’s Empirical Analysis

Citation profile

6 federal appellate · 6 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “no discretion to the judge to deny a writ of replevin on presentation of a complaint in the statutory form.”

   3 later decisions quote this exact passage · from the majority
   e.g. Brasseria La Capannina, Inc. v. Goodman · 735 So. 2d 1013 - Lemon v. Mississippi Transp. Com'n

2. “THE COURT FINDS, ORDERS AND ADJUDGES that it has full jurisdiction of the subject matter and the parties hereto and may properly proceed at this time; that the Defendants were lawfully issued service of process for the statutory time; that Section 11-37-101 of the Mississippi Code, 1972, Annotated be and the same is hereby declared unconstitutional for failure to leave any discretion to the trial Judge in his decision as to whether or not a WRIT OF REPLEVIN should be issued for the immediate seizure of personal property; that for the reasons hereinafter set out the constitutional issues raised by the Defendants are hereby determined to be moot; that this Court continues to have jurisdiction of the subject matter of this civil action pursuant to Section 11-37-131 et seq. of the Mississippi Code, 1971, Annotated; 2 that the Plaintiff has fully and completely paid to the Defendants all sums necessary for the possession of the 16 inch, 2 color flexographic label press and is accordingly entitled and hereby granted the immediate possession of the aforede-scribed personal property; that the RE-PLEVIN BONDS posted by the Plaintiff, Raypress Corporation as Principal, and St. Paul Fire and Marine Insurance Company as Surety, be and said REPLEVIN BONDS are hereby fully and finally discharged and cancelled; and, that the Defendants suffered no compensable damages as the result of the seizure of the 16 inch, 2 color flexographic label press, said Defendants having no legal, equitable, or”

   1 later decision quote this exact passage · from the majority
   e.g. Odom v. Raypress Corp.

3. “If any person, his agent or attorney, shall file a declaration under oath setting forth: * # * * * * (e) That the defendant wrongfully took and detains or wrongfully detains the same; and shall present such pleadings to a judge of the supreme court, a judge of the circuit court, a chancellor, a county judge, a justice of the peace or other duly elected judge, such judge shall issue an order directing the clerk of such court to issue a writ of replevin for the seizure of the property described in said declaration, upon the plaintiff posting a good and valid replevin bond in favor of the defendant, for double the value of the property as alleged in the declaration, conditioned to pay any damages which may arise from the wrongful seizure of said property by the plaintiff [[Image here]]”

   1 later decision quote this exact passage · from the majority
   e.g. Brasseria La Capannina, Inc. v. Goodman