Jasper v. Rossman’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. “In the case of Ferguson v. Yunt, 13 S.D. 120 , 82 N.W. 509, 510 , this court said: ‘Courts do not lend their aid to parties engaged in transactions in violation of law, and betting and gambling contracts are uniformly held to be contrary to the policy of the law, and illegal.’ ‘The test to determine whether the plaintiff is entitled to recover’, said the court in that case, ‘is his ability to establish his case without any aid from the illegal transaction. If his claim or right to recover depends upon a transaction which is malum in se, or prohibited by legislative enactment, and that transaction must necessarily be proved to make out his case, there can be no recovery.’ The general rule that the law will not aid either party has been applied to illegal transactions other than gambling. E.P. Wilbur Trust Co. v. Fahrendorf 64 S.D. 124 , 265 N.W. 1 ; Bartron v. Codington County, 68 S.D. 309 , 2 N.W.2d 337 , 140 A.L.R. 550 ; Beverage Co. v. Villa Marie Co., 69 S.D. 627 , 13 N.W.2d 670 . The defense of illegality prevails, not as a protection to the defendant, but as a disability in plaintiff. The reasons for refusing the aid of the court become even stronger when the property is liable to proceedings by the state to enforce a forfeiture.”

   1 later decision quote this exact passage
   e.g. Bayer v. Johnson