Cook v. Smith’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 is a well-settled rule of law in this state that the pendency of another suit will not authorize the abatement of the suit in which such plea is filed without giving - the plaintiff the opportunity to elect which he will abandon. 1 Texas Juris, p. 98, § 69; Wilkerson v. Ft. Worth & D. C. R. Co., Tex.Civ.App., 171 S.W. 1041 ; City of Dallas v. McElroy, Tex.Civ.App., 254 S.W. 599 ; International & G. N. Railway Co. v. Barton, 24 Tex.Civ.App. 122 , 57 S.W. 292 .””

   2 later decisions quote this exact passage
   e.g. F & C Engineering Co. v. Bryan · Moser v. John F. Buckner & Sons

2. ““. . . Moreover, it is settled that ‘If the judgment is ambiguous, application is made of familiar rules of construction, such as that effect will be given to reasonable intendments, that a writing will be made to harmonize with the facts, that the circumstances will be considered, and that a common-sense construction will be put on language as a whole.’ 25 Tex.Jur. 459, § 87 . . .””

   1 later decision quote this exact passage
   e.g. Gutierrez v. Madero