Estis v. Trabue’s Empirical Analysis
128 U.S. 225 · 1888
Citation profile
85 federal appellate · 10 state decisions
How this case has been cited
Cited by 120 later decisions (16 by the Supreme Court) — most recently March 1960 · most notably Winters v. United States (1908), Ex Parte Lennon (1897)
85 federal appellate · 10 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 Hilton v. Dickinson · Masterson v. Herndon · Mussina v. Cavazos · Thomas Deye Owings v. Andrew Kincannon
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But there is another difficulty in the present case, which cannot he reached by an amendment in or by this court under section 1005. The judgment is distinctly one against the claimants, and O. IT. Robinson and John W. Dillard, their sureties in their ‘forthcoming bond,’ jointly, for a definite sum of money. There is nothing distributive in the judgment, so that it can be regarded as containing a separate judgment against the claimants and another separate judgment against the sureties or as containing a judgment against the sureties, payable and enforceable only on a failure to recover the amount from the claimants; and execution is awarded against all of the parties jointly. * * * It is well settled that all the parties against whom a judgment of this kind is entered must join in a wx-it of exTor, if any one of them takes out such writ, or else there must be a proper summons and severance, in order to allow of the prosecution of the writ by any less than the whole number of the defendants against whom the judgment is entered. * * * Where there is a substantial defect in a writ of error, which this court cannot amend, it has no jurisdiction to try the case. * * * It will then, of its own motion, dismiss the case, without awaiting the action of a party.””
3 later decisions quote this exact passage · from the majority“that the plaintiffs recover of the claimants and C. F. Robinson and John W. Dillard, their sureties in their forthcoming bond, the sum of six thousand and three hundred dollars, together with the costs, etc.”
1 later decision quote this exact passage · from the majority“the defect can be remedied by reference to the accompanying record,”
1 later decision quote this exact passage · from the majority
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.