Phelps v. Oaks’s Empirical Analysis

Citation profile

56 federal appellate · 16 district · 3 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 155 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is equally an error to assume that plaintiffs had not a substantial and real controversy with the defendant Oaks, and that their controversy was solely with the Zeidlers. The object and purpose of the action was to recover possession of the real estate in the visible and actual occupation of Oaks, and not otherwise in the possession of his landlord, than by force of his tenancy. The Zeidlex-s were not citizens of Missouri, nor residents of the district, and could not have been sued by the plaintiffs. The latter were not bound to look beyond the person who, by bis occupation of the disputed premises, was holding adversely to their claim; and if the Zeidlers were permitted to defend, It was for their own interest, and not because they were either necessary or indispensable parties to the proceeding in which the plaintiffs were the actors. The controversy, so far as the Zeidlers were interested in it, was of their own seeking, and, as their rights could not be concluded by a judgment against the tenant, they were not in a position to insist that the plaintiffs should forego their legal right to proceed against the most convenient defend ant The landlord could defend the possession of the tenant, as it was his right and duty to do on notice of the action, but he could do so as well in the name of the tenant as in his own. At any rate, the plaintiffs had a right to eject the defendant, who actually and unlawfully withheld from them possession of their lands; and it is not corr”

   2 later decisions quote this exact passage · from the majority
   e.g. Newton v. Gage · 145 F. Supp. 464 - Arcaya v. Paez

2. ““The conformity is required to be ‘as near as may be’ — not as near as may be possible, or as near as may be practicable. This indefiniteness may have been suggested by a purpose. It devolved upon the judges to be affected the duty of construing and deciding, and gave them, the power to reject, as Congress doubtless expected they would do, any subordinate provision in such state statutes which in their judgment would unwisely incumber the administration of the law or tend to defeat the ends of justice in their tribunals.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Sargent

3. “the plaintiff has a real and substantial ‘controversy’ with the defendant (the tenant) within the meaning of the act for removal of causes from state courts, which continues after his landlord is summoned in and becomes a party for the purpose of protecting his own interests.”

   1 later decision quote this exact passage
   e.g. Mitchell v. Smale