Lansdale v. Daniels’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 9 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Such a notice o~ claim or declaratory statement is indispensably necessary to give the claimant any standing as a pre-emptor; the rule being that his s~ttIenaent alone is not sufficient for that purpose."”

   3 later decisions quote this exact passage · from the majority
   e.g. Whitney v. Taylor · Eastern Oregon Land Co. v. Brosnan

2. ““Suppose that is so; still the defendant insists that be was entitled to the patent because the plaintiff did not file bis declaratory-statement until more than two years after the plats of the survey of the land were returned into the local offices. Grant that, but it only shows that both parties settled upon the land while it was unsurveyed, and that each was to some extent in fault in filing his declaratory statement, the difference being that the defendant filed his before he had any right to file it under the pre-emption act, which rendered it a nullity, and that the plaintiff did not file the required notice of claim until the time allowed by the amendatory act had expired. Such a notice, if given before the time allowed by law, is a nullity; but the rule is otherwise where it is filed subsequent to the period prescribed by the amendatory act, as in the latter event it is held to be operative and sufficient unless some other person had previously commenced a settlement and given the required notice of claim” — citing authorities”

   2 later decisions quote this exact passage · from the majority
   e.g. Whitney v. Taylor · Hamblin v. State Board of Land Com'rs

3. ““His entry and occupancy of tbe tract are admitted, and the court is of the opinion that it is immaterial whether he built the dwelling house himself, or hired an agent to erect it for him, or whether he purchased it after it was built by another, provided it appears that he was the lawful owner of the dwelling house, and made the entry and settlement in good faith, and continued to occupy and cultivate the land, as required by the pre-emption laws. Enough appears to show that the dwelling house was there on the land, and that it was owned, possessed, and occupied by the plaintiff as his home more than three months before the defendant entered and attempted to make his settlement.””

   1 later decision quote this exact passage · from the majority
   e.g. Trodick v. Northern Pac. Ry. Co.