Thallmann v. Thomas’s Empirical Analysis
111 F. 277 · 1901
Citation profile
21 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 26 later decisions — most recently April 1958 · most notably Harrison v. Fite (1906), Standard Oil Co. of Colorado v. Standard Oil Co. (1934)
21 federal appellate · 2 district · 2 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 Tilghman v. Proctor · Kimberly v. Arms · Belk v. Meagher · Johnson v. Towsley · United States v. American Bell Telephone Co.
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A valid claim to unappropriated public land cannot be instituted while it is in possession of another who has the right to its possession under an earlier lawful location. Risch v. Wiseman, 36 Or. 484 , 59 Pac. 1111 , 78 Am. St. Rep. 783 ; Seymour v. Fisher, 16 Colo. 188 , 27 Pac. 240 . Nor can such a claim be initiated by forcible or fraudulent entry upon land in possession of one who has no right either to the possession or to the title. Atherton v. Fowler, 96 U. S. 513 , 516, 24 L. Ed. 732 ; Trenouth v. San Francisco, 100 U. S. 251 , 256, 25 L. Ed. 626 . But every competent locator has the right to initiate a lawful claim to unappropriated public land by a peaceable adverse entry upon it while it is in the possession of those who have no superior right to acquire the title or to hold the possession. Belt v. Meagher, 104 U. S. 279 , 287, 26 L. Ed. 735 ; Johnson v. Towsley, 13 Wall. 72 , 20 L. Ed. 485 ; Nevada Sierra Oil Co. v. Home Oil Co. (C. C.) 98 Fed. 673 , 680.””
2 later decisions quote this exact passage · from the majority““It is the settled law of this court that where a chancellor has considered conflicting evidence and made his findings of fact and decree thereon they will be treated as presumptively correct, and will not be disturbed, unless an obvious eiTor has intox’vened in the application of the law, or some serious mistake has been made in the consideration of the evidence.””
1 later decision quote this exact passagee.g. Lacy v. McCafferty
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.