Lincoln County v. Luning’s Empirical Analysis

Citation profile

261 federal appellate · 77 district · 68 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 828 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Eleventh Amendment limits the jurisdiction only as to suits against a State ... [A]nd while the county is territorially a part of the State, yet politically it is also a corporation created by and with such powers as are given to it by the State. In this respect, it is a part of the State only in that remote sense in which any city, town, or other municipal corporation may be said to be a part of the state.”

   8 later decisions quote this exact passage
   e.g. Port Authority Trans-Hudson Corp. v. Feeney · Muzquiz v. City of San Antonio

2. ““There has been this special legislation in reference to these coupons. The bonds were issued under the funding act of 1873. In 1877 the county was delinquent in its interest, and the Legislature passed an act amendatory to the act. of 1873. This amendatory act provided for the registering of overdue coupons, and imposed upon the treasurer the duty of thereafter paying the coupons as money came into his possession applicable thereto, in the order of their registration. Statutes of Nevada 1877, 46. The coupons, which by the general limitation law would have been barred, were presented, as they fell due, to the treasurer for payment, and payment demanded and refused, because the interest fund was exhausted. Thereupon the treasurer registered them as presented, in accordance with the act of 1877, and from the time of their registration to the commencement of this suit there was no money in the treasury applicable to their payment. This act, providing for registration and for payment in a particular order, was a new provision for the payment of these bonds, which was accepted by the creditor, and 'created a new right upon which he might rely. It provided, as it were, a special trust fund, to which the coupon holder might, in the order of registration, look for payment, and for payment through which he might safely wait. It amounted to a promise on the part of the county to pay such coupons as were registered, in the order of their registration, as fast as money came into the inte”

   5 later decisions quote this exact passage
   e.g. Robertson v. Blaine County · Rialto Irr. Dist. v. Stowell

3. ““ * * * ‘But it was argued that counties in Illinois, by the law of their organization, were exempted from suit elsewhere than in the circuit courts of .the county. And this seems to be the construction given to the statutes concerning counties by the supreme court of Illinois. * * * The power to contract with citizens of other states implies liability to suit by citizens of other states, and no statute limitation of suability can defeat a jurisdiction given by the constitution.’ ””

   5 later decisions quote this exact passage
   e.g. Blake v. McClung · Loeb v. Trustees of Columbia Tp.