Mason v. Eldred’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 26 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the note in suit was merged in the judgment, then the judgment is a bar to the action, and an exemplification of its record is admissible, for it has long been settled that under the plea of the general issue in assumpsit evidence may be received to show, not merely that the alleged cause of action never existed, but also to show that it did not subsist at the commencement of the suit. On the other hand, if the note is not thus merged, it still forms a subsisting cause of action, and the judgment is immaterial and irrelevant.””

   2 later decisions quote this exact passage · from the majority
   e.g. Brown v. Fletcher · Arkansas Grand Prairie Oil & Gas Co. v. Davidson

2. ““Therefore, it is that in suits upon these transactions all copartners must be brought in . . . and if not brought in, the omission may be pleaded in abatement. . . . They [partners] cannot be sued separately, for they have incurred no several obligation; they cannot be sued jointly with the others, because judgment has been already recovered against the latter, who would otherwise be subjected to two suits for the same cause.””

   1 later decision quote this exact passage · from the majority
   e.g. Warren v. Rickles