Davis v. Dunklee’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has been further urged that the two writs bearing the same date, the defendant could not ascertain which to plead in abatement of the other; and that the plaintiff might in that way vex and harass the defendant. This argument at first appeared to possess much force; and if the defendant could not be relieved from this difficulty, it might furnish a good ground for holding the case to be an exception to the rule that the true time of issuing the writ may be shown. But although there may be a difficulty, on the face of the papers, where two actions are pending for the same cause, bearing the same date, the defendant’s rights may be secured without departing from the rule. In ordinary cases he may probably readily ascertain the priority, so as to plead to that which was in fact last issued. If he cannot, he may apply to the Court, and the plaintiff be called upon to furnish evidence that one of the suits was in fact commenced before the other; and if this is not shown, the Court may well adjudge that the defendant shall answer neither, (Moore 864.; Com. Digest, Abatement, H. 24) ; or, in other words, may quash the writs upon motion.””

   1 later decision quote this exact passage
   e.g. Johnson v. Starrett Bros.