Anderson v. Elliott’s Empirical Analysis

Citation profile

3 federal appellate · 1 district ·

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. ““It appears from the evidence that for some years past a controversy has existed, at the point, where said land is located, as to the true boundary line between ilie suites of North Carolina and Tennessee, and it seems that the authorities of both of those states have claimed and exercised authority and jurisdiction over the land in controversy. The plaintiffs in said suit claimed title to the land under grants issued h.v ihe state of Tennessee, and in their bill they alleged that it was located within the boundaries of that state, and that it was within the jurisdiction of ihe United States Circuit Court for the Northern Division of the Eastern District of Unit state. That court found, as a matter of fact, that the land was within its jurisdiction, and decreed that the plaintiffs were entitled to the possession of the same. It is needless, so far as the questions now at issue are involved, for us to consider the character of said suit, whether it was instituted on the equity or the law side of the court, and whether or not the proceedings therein were regularly conducted, for the reason that, so far as the parties now before us are concerned, they are bound by the decree rendered therein. Clear it is that said court has jurisdiction of such suits—a jurisdiction expressly granted by statute—and equally clear is it that all the parties to the controversy were regularly before it. The (lefeiulants to the suit could have made the defense before that court which they desire now t”

   1 later decision quote this exact passage · from the majority
   e.g. Babcock Lumber & Land Co. v. Ferguson

2. ““All of the defendants to said suit were duly served with process within the district where the suit was brought and in which they resided, except Jasper Fain. As to him service was made under the provisions of section 8 of the judiciary act of March 3, 1875 (chapter 137, 18 Stat. 470 [Comp. St. 1916, § 1089]). The defendants were all regularly summoned to appear, and ample time was given them, as required by law and the practice thereunder, in which to plead, and take all proper steps to protect their interests, as the same were affected by said writ.””

   1 later decision quote this exact passage · from the majority
   e.g. Babcock Lumber & Land Co. v. Ferguson

3. ““A defendant personally served with process in a suit in a federal court to recover land, who makes default,' is bound by a judgment therein awarding possession of the land to the plaintiff, and he cannot attack its validity on the ground that the land is situated in another state, and beyond the jurisdiction' of the court, where the boundary line between the two states is in dispute, by instituting proceedings in the courts of the state in which he claims to reside, and causing the arrest of the marshal therein for attempting to execute such judgment.””

   1 later decision quote this exact passage
   e.g. Babcock Lumber & Land Co. v. Ferguson