Barnes v. Lynch’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule sought to be applied here has no application. While the contract with Stiles was illegal, it was carried out and effectuated, and the title to the property taken by Barnes and Dalton was, beyond dispute; taken by them for the company upon consideration paid by.it and its members, and it is not necessary for the company to invoke the aid of the illegal contract referred to, for the purpose of recovering or asserting their rights here. “It was said by the Supreme Court of the United States, in Planters’ Bank v. Union Bank, 16 Wall. 483 [21 Law Ed. 473], that: ‘But when the illegal transaction has been consummated, when no court has been called upon to give aid to it, when the proceeds of the sale have been actually received and received in that which the law recognizes as having had value, and when they have been carried to the credit of the plaintiff, the case is .different. The court is not there asked to enforce an illegal contract. The plaintiffs do not require the aid of any illegal transaction to establish their case. It is enough that the defendants have in hand a thing of value that belongs to them.’ “It was said in Cook v. Sherman (C. C.), 20 Fed. 167 , that: ‘Where several persons enter into an illegal contract for their own benefit, and the illegal transaction has been consummated and the proceeds of the enterprise have been actually received and carried to the credit of one of such parties, so that he can maintain an action therefor, without requiring the ”

   1 later decision quote this exact passage · from the majority
   e.g. Martindale v. Shaha

2. ““The law is, however, in cases of equitable cognizance, that, while the judge may call in a jury, or consent to one, for the purpose of advising him upon questions of fact, that he may adopt or reject their conclusions, as he sees fit, and that the whole matter must eventually be left to him to determine, and that the instructions furnish no ground of error upon appeal. It was not only the right, but the duty, of the court to finally determine all questions of fact as well as of law.””

   1 later decision quote this exact passage · from the majority
   e.g. Wat-Tah-Noh-Zhe v. Moore

3. ““The rule sought to be applied here has no application. While the contract with Stiles was -illegal, it was carried ■out and effectuated, and the title to the property taken by Barnes and Dalton was, beyond dispute, taken by them for the company upon consideration paid by it and its members, and it is not necessary for the company to invoke the aid of the illegal contract referred to, for the purpose of recovering ■or asserting their rights here.””

   1 later decision quote this exact passage · from the majority
   e.g. Rogers v. Lassiter, Adm'r.