Smith v. Townsend’s Empirical Analysis

Citation profile

19 federal appellate · 7 district · 20 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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Until such lands are opened to settlement by proclamation of the president, no person shall be permitted to enter upon and occupy the same, and no person violating this provision shall ever be permitted to enter any of said lands or acquire any right thereto.””

   3 later decisions quote this exact passage · from the majority
   e.g. Payne v. Robertson · Potter v. Hall

2. ““Statutes against frauds are to be liberally and beneficially expounded. This may seem a contradiction to the last rule; most statutes against frauds being in their consequences penal. But this difference is here to be taken: Where the statute acts upon the offender, and inflicts a penalty, as the pillory, or a fine, it is then to be taken strictly; but when the statute acts upon the offense, by setting aside the fraudulent transaction, here it is to be construed liberally.” 1 Bl. Com. 88.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Biggs · United States v. Keitel

3. “[W]hoever obtained title from the government to any ... land through which ran this right of way would acquire a fee to the whole tract subject to the easement of the company, and if ever the use of that right of way was abandoned by the railroad company the easement would cease, and the full title to that right of way would vest in the patentee of the land”

   2 later decisions quote this exact passage · from the majority
   e.g. Marvin M. Brandt Revocable Trust v. United States · Beres v. States