Essig v. Lower’s Empirical Analysis

Citation profile

5 federal appellate · 27 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. ““It is also argued that the decree in the action to quiet title, set forth in the special finding, is in personam, and' not in rem, and that the court had no power to render such a decree on publication. While it may be true that such decree is not in rem, strictly speaking, yet it must he conceded that it fixed and settled the title to the land then in controversy, and to that extent partakes of the nature of a judgment in rem. But we do not deem it necessary to a decision of this case to determine whether the decree is in personam or in rem. The action was to quiet the title to the land then involved, and to remove therefrom certain apparent liens. Section 318,»Rev. St. 1881 (section 320, Rev. St. 1894), expressly authorizes the rendition of such a decree on publication.””

   1 later decision quote this exact passage
   e.g. Ormsby v. Ottman

2. ““Of course, this rule cannot apply where there is no jurisdiction of the subject-matter, or where there is no notice or summons,”

   1 later decision quote this exact passage
   e.g. National Malleable & Steel Castings Co. v. Goodlet