Knott v. Evening Post Co.’s Empirical Analysis

Citation profile

4 federal appellate · 3 district ·

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The principle that, where pi-operty is in the actual possession of one court of competent jurisdiction, such possession cannot be interfered with by process out, of another court, is well settled. * * * There are two classes of cases in which the court first obtaining jurisdiction should be suffered to proceed without any interference by process from another court of concurrent jurisdiction. The first class consists of those cases in which the exercise of jurisdiction by one court will interfere with the prior possession of the res by another court of competent and concurrent jurisdiction. * * The second class is. where there are two suits pending in different courts of concurrent jurisdiction, in which the parties are the same, and which involve and affect the same subject-matter, and where the jurisdiction of neither is complete nor effectual unless it may, if necessary or proper, exercise exclusive dominion over the res in litigation,” citing cases falling in both (“lasses. “The conflict exists in such instances because the suits are in the nature of suits in rem. * - -:= To make a case of conflict, the two concurrent suits must involve relief against the same res. * * * If the parties arc the same, and the issues the same, and the relief sought involves dominion over the same res, and cannot be effectually granted if dominion over the res be taken by process from another court, it is a case where the second court should regard the jurisdiction of the first as exclusive, ”

   1 later decision quote this exact passage · from the majority
   e.g. Central Dist. Printing & Telegraph Co. v. Farmers' & ProDucers' Nat. Bank of Sistersville

2. ““It has never been doubted that a second suit brought by the same plaintiff against the same defendant on the same cause of action in courts of the same sovereignty would be defeated by a plea in abatement, but this is not, unless in a very remote sense, upon the ground that the court in which the first suit was brought acquired jurisdiction to the exclusion of all others, but 'is primarily upon the ground that a defendant should not be vexed by two such suits at the same time. Where the two suits, however, are in courts of different sovereignties, the rule does not apply, according to the doctrine of the courts of the United States. Gordon v. Gilfoil, 99 U. S. 169 [ 25 L. Ed. 383 ].”

   1 later decision quote this exact passage · from the majority
   e.g. Kansas City Gas Co. v. Kansas City