Newham v. Kenton’s Empirical Analysis

Citation profile

3 federal appellate · 23 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. “It is a great misapprehension 1o suppose that one cause of action can bo stated in a bill of equity, and by some sort of comprehensive flexibility of chancery jurisdiction relief .can be administered growing out of a state of facts not embraced within the facts pleaded. The rule that under the general prayer for relief a. party may hare any relief to which he may show himself entitled is limited to relief founded on and consistent with the facts set out in the bill, and not such a« may be proven at the hearing. * * * A p¡wty is not entitled to a judgment, on a finding of fads different from any theory of the case sot up in cite petition or answer.””

   1 later decision quote this exact passage
   e.g. Reed v. Munn

2. ““The statute permits a party to amend his petition after his evidence has been given, to make it conform to the proofs; but no such thing was attempted in this case. It then presents the singular spectacle of declaring for one cause of action, and obtaining Judgment for another and different cause. Such a course of procedure is destructive of all certainty in pleading, and can neither be tolerated nor encouraged.””

   1 later decision quote this exact passage
   e.g. In re Lansaw