Folger v. Barnard’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We judicially know that Fred C. Gause was judge of the Henry Circuit Court. He assumed jurisdiction of this case, and afterwards there was a trial by jury, which resulted in a verdict and judgment for appellee. At no time during the course of the proceedings in the trial court did appellants make any objection to Judge Gause assuming jurisdiction of and trying the case. The Supreme Court in Perry v. Pernet (1905), 165 Ind. 67 , 74 N. E. 609 , 6 Ann. Cas. 533, held that when a judge has been called to try a cause, and no objection is made at the time, or to his sitting in the cause when he assumes to act, all objections thereto will be deemed waived on appeal. See, also, Lillie v. Trentman (1891), 130 Ind. 16 , 29 N. E. 405 ; Jordan v. Indianapolis Coal Co. (1913), 52 Ind. App. 542 , 100 N. E. 880 ; Larrance v. Lewis (1912), 51 Ind. App. 1 , 98 N. E. 892 . Appellants’ conduct in this matter looks too much like an attempt to gamble on the decision of the court, and, losing the wager, pull down the stakes, which we cannot permit.””

   1 later decision quote this exact passage
   e.g. 129 Ind. App. 113 - Morrow, Inc. v. MUNSON