Ex Parte Tyler’s Empirical Analysis

Citation profile

205 federal appellate · 78 district · 80 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 622 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Undoubtedly, property so situated [ in custodia legis ] is not thereby rendered exempt from the imposition of taxes by the government within whose jurisdiction the property is, and the lien for taxes is superior to all other liens whatsoever, except judicial costs, when the property is rightfully in the custody of the law; but this does not justify a physical invasion of such custody, and a wanton disregard of the orders of the court in respect of it.”

   17 later decisions quote this exact passage · from the majority
   e.g. In re Swan · Virginia v. Bristol Land Co.

2. ““The object of this petition was to protect the property, but even if it were to be regarded as a plenary bill in equity properly brought for the purpose of testing the legality of the tax, we ought to add that, in our judgment, it -would not be obnoxious to the objection of being a suit against the State. It is unnecessary to retravel the ground so often traversed by this court in exposition and application of the Eleventh Amendment. The subject was but recently considered in Pennoyer v. McConnaughy, 140 U. S. 1 , in which -Mr. Justice Lamar, delivering' the opinion of the court, cites and reviews a large number of cases.. The result was correctly stated to be that where a suit is brought against defendants who claim to act as officers of a State, and, under' color of an unconstitutional statute, commit acts of wrong and-injury to the property of the plaintiff, to recover money or property in-their hands unlawfully taken by them in behalf of the State ; or for compensation for damages; pr, in a proper case, for an injunction' to prevent such wrong and injury; or for a mandamus in a like case to enforce the performance of a plain legal duty, purely ministerial; such suit is not, within the meaning of the amendment, an action against the State. “ And while it is conceded that the principle stated by Chief Justice Marshall in the leading case of Osborn v. Bank of the United States, 9 Wheat. 738 , that ‘in all cases where jurisdic-' tión depends on the party,it is the party name”

   3 later decisions quote this exact passage · from the majority
   e.g. Scott v. Donald · Tindal v. Wesley

3. ““Where the questions involved arise under tlje state constitution and laws, the decisions of its highest tribunal are accepted as controlling. Where, the constitution or laws of the United States are drawn in question the courts of the United States must determine the controversy for themselves.””

   2 later decisions quote this exact passage · from the majority
   e.g. Morenci Copper Co. v. Freer · Smith v. Baltimore & O. R.