Parker’s Empirical Analysis

Citation profile

16 federal appellate · 3 district · 14 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Supreme Court refused to hear the cause and to decide it upon its merits, because it considered that the cause was not lawfully before the court; that the parties were not in court for'the purposes of an appeal. This-presents a ease for the exercise of the jurisdiction of this court in mandamus according to the principles and .practice applicable thereto. .That writ properly lies in cases where the inferior court refuses to take jurisdiction, where by law it ought so to do, or where, having obtained jurisdiction in a cause, it refuses to proceed in the due exercise thereof; but it will not lie to correct alleged errors occurring in the exercise of its judicial discretion within its jurisdiction. As was said in Ex parte Brown, 116 U. S. 401 [ 6 S. Ct. 387 , 29 L. Ed. 676 ]: ‘Mandamus lies to compel a court to take jurisdiction in a proper case, but not to control its discretion-while acting within its jurisdiction.’ In that ease the motion for the writ was denied, because the court below, having entertained jurisdiction of the cause, had dismissed it for want of due prosecution; that is to say, because errors had not been assigned in accordance with the rules of practice applicable to the form of the action, although the statement in the report dpes not sufficiently recite the facts from the record on which the opinion is based. In the present case the Supreme Court of Washington Territory, on consideration, decided that it could not legally exercise jurisdiction upon the”

   1 later decision quote this exact passage · from the majority
   e.g. In re Zeno