Stover v. Johnnycake’s Empirical Analysis

Citation profile

2 federal appellate · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Only one question is presented in this case. Can the court, in an action to foreclose a mortgage, render a judgment against the mortgagors for the fees of the attorney of the mortgagee, when there is no contract or stipulation in the mortgage, or elsewhere, requiring the payment of attorney’s fees? This question must be answered in the negative. A judgment for attorney’s fees, or counsel’s fees, for services rendered in the same case is never allowed in an action'on contract, unless stipulated for, or unless expressly authorized by statute. ■ Sedg. Dam. 95 et seq., and cases there cited (page 103 et seq., 5th Ed.;) Swartzel v. Rogers, 3 Kan. 380 . And probably such a judgment is never rendered in an action of tort. Fairbanks v. Witter, 18 Wis. 287 . The following cases, found in the Kansas Reports, though upon a kindred subject, are not applicable to this case, to wit: Lender v. Caldwell, 4 Kan. 339 ; Kurtz v. Sponable, 6 Kan. 395 ; Tholen v. Duffy, 7 Kan. 405 .””

   1 later decision quote this exact passage · from the majority
   e.g. Bailey v. Oklahoma City Ex Rel. MacCabees