Randall v. Ross’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Each case must be decided according to its own characteristics. This one is painfully and perplexingly near the border line between local and transitory actions. A few changes in the pleadings might put it on the other side from the one now properly occupied. But from a fair consideration of the two code provisions which seem to compel a holding that the action is either local or transitory, and not both, and a practical view of the remedy sought, we are led to the conclusion, in view of the authorities, that the plaintiff, finding himself deprived of the ostensible title to and ownership of his land, and also apparently liable for a debt seemingly secured by mortgage, with the instinctive desire to save his land and avoid such seeming liability, applied to the court to exercise its jurisdiction — not in restoring him to possession, or in compelling the defendants to do or undo anything, but in decreeing away all the effects of the alleged swindle by destroying all legal effect of the instruments which he had been induced to execute’ thus leaving him and his land clear from all cloud and embarrassment, as if the exchange had never been made. Essentially, if not formally, this relief consisted in determining a very vital interest in real estate and in barring the defendants from claiming entire ownership thereof. “The result is that the action, local in character, was rightfully brought in the county where the land is situated.” (p. 716.)”

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