Booth v. Tiernan’s Empirical Analysis
109 U.S. 205 · 1883
Citation profile
2 federal appellate · 5 state decisions
How this case has been cited
Cited by 9 later decisions (2 by the Supreme Court) — most recently December 1955
2 federal appellate · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wells v. Jackson Iron Manufacturing Co. · Harvey v. Thorpe · Leopold v. Salkey · Nixon v. Cobleigh
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ruling of the circuit court on this point was correct. The language of the statute was intended merely to declare that the record of a deed, or a transcript from the record, though a copy only, and therefore in its nature merely secondary evidence, should nevertheless have the same effect, when competent as evidence at all, as the original itself, if it had been produced, upon the determination of the issues to be tried. It was not intended to declare that the record or a copy from it should, in law, be an original instrument for all purposes. The presumption is that as public officers gen erally perform their prescribed duties, accurately, that the ¡record, and all cer- ' tified transcripts from it, will be true copies of the original; but they are none the less copies on that account, and are made evidence only in lieu of the -original, and on the grounds on which secondary evidence is permitted to be given. And there is nothing in the statute, either expressed or implied, which forbids the party from showing by extrinsic proof, otherwise legitimate, what the contents of the lost original really were, where it is shown that the record itself, or a copy from it, is not a true copy. By the very terms of the statute, the record of a deed is not original evidence, for it can be used only on proof of the loss of the original deed, or that the latter .cannot, be produced by the party offering the. proof; and the object of the statute evidently -was to require recording, in t”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.