Kern v. Kelner’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. When the judgment of the district court is reversed and the Supreme Court remands the case for further proceedings in conformity with law, it is the duty of the district court to examine the opinion of the Supreme Court transmitted with the remittitur [NDRC 1943, 28-2730) and to determine from what is there said and the nature of the case what further proceedings may properly be had in the action, consistent with the decision and order of the Supreme Court and in conformity with law. “2. Ordinarily, when a judgment is reversed and the case remanded generally for further proceedings in conformity with law, and the opinion of the appellate court shows that the controversy has not been finally disposed of, the court below is free to make any order or direction in the further progress of the case not inconsistent with the decision and opinion of the appellate court, and conformable to law and justice.” [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. Minnkota Power Cooperative, Inc. v. Lake Shure Properties