Simmons v. Saul’s Empirical Analysis

Citation profile

64 federal appellate · 23 district · 95 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 240 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The case was tried on those exceptions, and the district court held them sufficient, and thereupon dismissed the actions. Upon appeal, th'e Supreme Court [of Louisiana] reversed the judgment and held: ‘In our opinion the district judge erred in allowing this collateral attack on the judgment of the probate court. The late parish court of St. Landry had probate jurisdiction, and was exclusively competent to grant and issue letters of administration in all successions properly opened in that court. Defendants contend that this succession was not properly opened in that court, for the reasons urged in their exceptions. This denial presents a question of fact, that the deceased was not a resident of this parish, and that, having left heirs who were residents of .this state, his succession was not vacant, so as to necessitate or justify the appointment of a curator. These questions can be looked into and adjudicated upon only in a direct action before the same court, or before the tribunal now vested with original probate jurisdiction in the parish of St. Landry. No principle of our jurisprudence is more firmly established than the following: “Letters of administration make full proof of the party’s capacity until they be revoked. They must have their effect, and the regularity of the proceedings on which they issue cannot be examined collaterally.” .This rule was laid, down in early days, * * * and has been sanctioned, confirmed, and consecrated by an unbroken line of decisions ”

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Jennings · Soule v. West

2. ““The case of Broderick’s Will, 21 Wall. [88 U. S.] 503 [ 22 L. Ed. 599 ], upon this point is absolutely conclusive against the appellants. That was a bill in equity, brought by the alleged heirs at law of Broderick to set aside and annul the probate of his will in the probate court of California, and to recover the property belonging to his estate, or to have the purchasers at the executor’s sale thereof, and those deriving title from them, charged as trusl ees for the benefit of complainants. The bill alleged that the will was forged; that the grant of letters testamentary and the orders for the sale of the property were obtained by fraud, all of which proceedings, as well as the death of the decedent, were unknown to the complainants until within three years before the filing of the bill. A demurrer to the bill was overruled, and the case was appealed to this court. It was held, Mr. Justice Bradley delivering the opinion, that a court of equity will not entertain jurisdiction to set aside the probate of a will, on the ground of fraud, mistake, or forgery, this being within the exclusive jurisdiction of the probate court; and that it will not give relief by charging the purchasers at the executor’s sale, under the orders of the probate court, and those deriving title from them, as trustees, in favor of a third person, alleged to be defrauded by the forged or fraudulent will, where the court of probate could afford relief, in whole or in part. “With the single exception that ”

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Jennings · Montgomery v. Gilbert

3. ““Jurisdiction is authority ro hear and determine. It is an axiomatic proposition that, when jurisdiction has attached, whatever errors may subsequently occur in its exercise, the proceeding being coratn judice, can be impeached collaterally only for fraud.””

   2 later decisions quote this exact passage · from the majority
   e.g. Copley v. Ball · In re Decker's Estate