Compton v. Jesup’s Empirical Analysis

Citation profile

16 federal appellate · 3 district · 2 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The apprehensions expressed in their brief by the learned counsel of the appellees, that because of the absence of the other holders of the equipment bonds, the purchasers or their successor, the Wabash Railroad Company, may yet be subjected to their claims, are without foundation. It would seem that their claims were disposed of by the decree of this court in the case of Wabash. St Louis & Pacific Railway v. Ham, 114 U. S. 587 , 5 Sup. Ct. 1081 , 29 L. Ed. 233 , where it was held that the property sold under the decree of foreclosure is not subject to any lien in favor of the holders of the equipment bonds. We think it quite plain that Compton is the only party having an interest in and a right to enforce the decree of the Ohio Supreme Court. The provision contained therein assessing the amount of his claim as to the amount of the bonds held by him shows that the decree was intended to operate solely for his benefit, and the direction that the. proceeds of sale should be brought into court, to abide its further order on the footing of the decree, is the order usually made when a sale is made by an officer appointed by the court. Such a sale might result in a sum in excess of Compton’s claim, and, in such event, there would be room for a further order of the court.””

   1 later decision quote this exact passage · from the majority
   e.g. Adelbert College of Western Reserve University v. Wabash R.

2. ““(1) That the decree of sale of March 22, 1889, confers upon Compton, in event that his claim shall not be paid by the purchaser, the right to a decree-of resale of the property situated in Ohio and covered and affected by his lien. “(2) That, in event of such sale, and in applying the proceeds thereof, Compton will be entitled to an account of the net earnings of the Ohio division over and above all operating expenses, taxes paid, and cash paid, if any, in redemption of receiver’s certificates and other expenses properly chargeable against the Ohio division, which net earnings should be deducted from the amount due on the two prior mortgages on said division.””

   1 later decision quote this exact passage
   e.g. Adelbert College of Western Reserve University v. Wabash R.