Warren v. Dwyer’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is further contended that, as the plaintiff did not allege in his declaration the assignments of.the mortgagees’ right of action to him, they could not be introduced in evidence; that he could not recover under his declaration, which was in the usual form in trover, under the proofs in the case; citing the following cases: Draper v. Fletcher, 26 Mich. 154 ; Rose v. Jackson, 40 Mich. 30 ; Altman v. Fowler, 70 Mich. 57 ; Blackwood v. Brown, 32 Mich. 104 ; Gilley v. Van Patten, 58 Mich. 404 ; Dayton v. Fargo, 45 Mich. 153 . These cases do not apply. In replevin and trover there is an authorized form of declaration for each action which is ordinarily used, and which has been held sufficient in each respectively. These declarations do not undertake to notify defendant of the nature of the plaintiff’s title, or what are the evidences of it. These are matters of evidence merely. Harvey v. McAdams, 32 Mich. 472 ; Myres v. Yaple, 60 Mich. 339 ; Williams v. Raper, 67 Mich. 427 ; Hutchinson v. Whitmore, 90 Mich. 255 ( 30 Am. St. Rep. 431 ).””

   1 later decision quote this exact passage
   e.g. Theatre Equipment Acceptance Corp. v. Betman