Dowell v. Applegate’s Empirical Analysis

Citation profile

100 federal appellate · 18 district · 47 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 269 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But that was a question which the Circuit Court of the United States was competent to determine in the first instance. Its determination of it was the exercise of jurisdiction. Even if that court erred in entertaining jurisdiction, its determination of that matter was conclusive upon the parties before it, and could not be questioned by them or either of them collaterally, or otherwise than on writ of error or appeal to this court.”

   2 later decisions quote this exact passage · from the majority
   e.g. Stoll v. Gottlieb · Garfield Trust Co. v. United States

2. ““The judgment estops, not only as to every ground of recovery or defense actually presented In the action, but also as to every ground which might have been presented.””

   2 later decisions quote this exact passage · from the majority
   e.g. Glencove Granite Co. v. City Trust, Safe Deposit & Surety Co. · Treat v. Ellis

3. ““It is disclosed by the present suit that, when Daniel W. Applegate answered Dowell’s bill, he held the deed oí October 8, 1874. If Daniel W. Applegate became, when taking that deed, a bona flde purchaser of the 40 acres of land now in dispute, and if the title so acquired was superior to Dowell’s right to have that land sold for his demands against Jesse Applegate, it behooved him to assert that title in defense of the suit brought against him. The very nature of that suit required him to assert whatever interest he then had in the lands, or any part of them, that was superior to any claim of Dowdl upon them, whether by judgment liens or in any other form. So far from pursuing that course, he forobore — purposely, as may now bo inferred — to claim anything in virtue of the deed of October 8, 1874, and long after the decree under which Dowell purchased, ho comes forward with a new, independent suit, based alone upon that deed, as giving him a superior title. His object is — certainly, the effect of his suit, if it be sustained, will be — to retry the issues made in Dowell’s suit, so far as they involved the latter’s claim to have the 40-acre tract subjected to his demands. The decree in the federal court was an adjudication, as .between all the parties to the suit in that court, that Dowell was entitled, in satisfaction of liis claims against Jesse Applegate, to subject to sale all the lands his bill sought to reach, which the decree directed to be sold; and that decree, neve”

   1 later decision quote this exact passage · from the majority
   e.g. Horse Creek Coal Land Co. v. Alderson