Glover v. Giraldo’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The presumption is rebuttable by any words which clearly indicate an intention of the grantor to restrict the grant to the edge, shore, or some point other than the thread of the stream.”

   3 later decisions quote this exact passage
   e.g. Davison v. Wyoming Game & Fish Commission · Davison v. WYOMING GAME AND FISH COM'N

2. “fundamental ... obligation of every pleader to apprise his adversary of the nature of the claim against him.”

   3 later decisions quote this exact passage
   e.g. In Re US Currency Totaling $7,209.00 · Libretti v. State

3. “The Wyoming Rules of Civil Procedure are patterned after the Federal Rules of Civil Procedure and Rule 8(e)(2) is identical in both. Frank J. Trelease, Wyoming Practice, 12 Wyo. L.J. 202 (1958). Under F.R.CP. 8(e)(2), a pleader may "set forth inconsistent legal theories in his pleading and will not be foreed to select a single theory on which to seek recovery." 5 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure, § 1288, at 588-85 (2d ed. 1990). The pleader is not required to elect between inconsistent remedies at the pleading stage of litigation. See, eg., Mclntosh v. Magna Systems, Inc., 539 F.Supp. 1185, 1190-91 (N.D.IIL 1982) (though plaintiff eannot recover under theories of both quantum meruit and express written or oral contract, Rule 8(e)(2) provides for inconsistent claims); Kilday v. Econo-Travel Motor Hotel Corp., 516 F.Supp. 162, 163 (E.D.Tenn.1981) (plaintiff may assert allegations for rescission of contract and recovery of damages for breach at the same time); McAn-drews v. Goody Company, 460 F.Supp. 104, 106 (D.Ne.1978) (plaintiff may plead under 8(e)(2) theories of specific acts of negligence and res ipsa loquitur ). Alternative and inconsistent pleading, permitted under the Wyoming Rules of Civil Procedure, articulates the philosophy that parties who are given the capacity to present their entire controversies should in fact do so. Lane Company v. Busch Development, Inc., 662 P.2d 419, 423 (Wyo.1983). This court has acknowledged the present”

   1 later decision quote this exact passage
   e.g. Redland v. Redland