Cooke v. Avery’s Empirical Analysis

Citation profile

32 federal appellate · 14 district · 19 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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That judgments and decrees rendered in a Circuit or District Court of the United States within any state, shall be liens on property throughout such state in the same manner and to the same extent and under the same conditions only as if such judgments and decrees had been rendered by a court of general jurisdiction of such state: Provided, that whenever the laws of any state require a judgment or decree of a state court to be registered, recorded, docketed, indexed, or any other thing to be done, in a particular manner, or in a certain office or county or parish in the state of Louisiana, before a lien shall attach, this act shall he applicable therein whenever and only whenever the laws of such state shall authorize the judgments and decrees of the_ United Slates courts to be registered, recorded, docketed, indexed, or otherwise conformed to the rulos and requirements relating to the judgments and decrees of the courts of the state.””

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Kendall · Lineker v. Dillon

2. ““If, upon the trial of this case, the facts alleged in the bill should be proved, then the right of the complainant to recover will depend upon the proper construction and application of these statutes; if the facts shall not be proven as alleged, the plaintiff must fail, even though it should be made to appear that it has sustained damages-by reason of negligence on. the part of- the defendants. For the purpose of this demurrer, the bill must be taken as true. Therefore, tested by the above rule, it is quite plain that the ease is one arising under the laws of the United States, for the questions to be decided involve the construction of laws of the United States.””

   2 later decisions quote this exact passage · from the majority
   e.g. Huff v. Union Nat. Bank of Oakland · Taylor v. Anderson

3. ““In those states where the judgment or the execution of a state court creates a lien only within the county in which the judgment is entered, it has not been doubted that a similar proceeding in the Circuit Court of the United States would create a lien to the extent of its jurisdiction. This has been the practical construction of the power of the courts of the United States whether the lien was held to be created by the issuing of process or by express statute. Any other construction would materially affect, and in some degree subvert, the judicial power of the Union. It would place suitors in the state courts in a much better condition than in the federal courts.””

   1 later decision quote this exact passage
   e.g. Lineker v. Dillon