Barton v. Horwick’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. “"* * * The plaintiff brought an equity action to foreclose an alleged lien for labor and materials furnished for improvements to real property owned by the defendant, a married woman. The defendant duly filed an answer to which reference will be made later. After the time for taking testimony had expired, the defendant moved for a disposition of the case upon the bill and answer, under Equity Rule 46, now Rule 3.13, 1954 Rules of Civil Procedure, 30 F.S.A., pursuant to which the court entered a final decree in favor of the plaintiff ordering the foreclosure of the alleged lien."”

   1 later decision quote this exact passage
   e.g. City of Miami v. Miami Transit Company

2. “"* * * Applicable to the instant case is our holding that at a hearing upon bill and answer `where issues are made by denials in the answer, the decision at the hearing must be against the party who has the burden of proof according to the rules of evidence.' Strong v. Clay Fla. 1951, 54 So.2d 193, 195 . Applying this rule to the pleadings which we have described, the defendant having denied allegations of the plaintiff essential to his cause of action, the decree on bill and answer should have been entered in favor of the defendant."”

   1 later decision quote this exact passage
   e.g. City of Miami v. Miami Transit Company

3. ““We note that the complaint filed by the plaintiff nowhere alleges that the plaintiff gave to the defendant the written statement required by Section 84.04(3), F.S.1951, F.S.A., that all lienors contracting directly with or directly employed by the contractor had been paid in full. Because there was no allegation to that effect, the complaint failed to state a cause of action for foreclosure of a mechanic’s lien under Chapter 84, F.S.1951, F.S.A. Moore v. Crum, Fla.1953, 68 So.2d 379 , and cases therein cited. * * * ””

   1 later decision quote this exact passage
   e.g. Mermell v. McKinley