McCulloch v. Dodge’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The supreme court may reverse, vacate and modify a judgment of the district court . . . for errors appearing on the record; and in the reversal of such judgment or order may reverse, vacate or modify any intermediate order involving the merits of the action, or any portion thereof. The supreme court may also reverse, vacate or modify any of the following orders of the district court . . . or a judge thereof . . . : 1. A final order. 2. An order that grants or refuses a continuance ; discharges, vacates or modifies a provisional remedy; or grants, refuses, vacates or modifies an injunction ; that grants or refuses a new trial; or that confirms or refuses fo confirm the report of a referee, or that sustains or overrules a demurrer. 3. An order that involves the merits of an action, or some part thereof. . . . ””

   1 later decision quote this exact passage · from the majority
   e.g. Shurtleff v. Board of County Commissoners

2. ““It simply opens up the judgment and the default, and allows the said defendants to answer, so that the merits of the action may be heard and considered, and the case disposed of on its merits. Courts will always, as far as they can, favor rulings that will allow cases to be disposed of on their merits, and will always, as far as they can, discountenance every attempt to prevent cases from being heard on their merits.” (p. 479.)”

   1 later decision quote this exact passage · from the majority
   e.g. Barney v. Ferguson