The Guiding Star’s Empirical Analysis

Citation profile

20 federal appellate · 23 district ·

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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In enforcing the statutory lien in maritime causes, admiralty courts do not adopt the statute itself, or the construction placed upon it by courts of common law or of equity, when they apply it. Everything required by the statute as a condition on which the lien arises and vests must, of course, be regarded by courts of admiralty, for they can only act in enforcing a lien when the statute has, according to its terms, conferred it; but beyond that the statute, as such, does not furnish the rule for governing the decision of the cause in admiralty as between conflicting claims and liens. The maritime law treats the lien, because conferred upon a maritime contract by the statute, as if it had been conferred by itself, and consequently upon the same footing as all maritime liens; the order of payment between them being determinable upon its own principles. * * * It follows that the claims for materials and supplies, and for insurance, which have arisen at the home port, for which a lien is given by the local law, must be placed upon the same footing in the distribution with similar claims arising in foreign ports.””

   4 later decisions quote this exact passage · from the majority
   e.g. The J. E. Rumbell · Magee v. The Lyndhurst

2. ““Admitting this construction to be the one adopted by the state courts in determining priorities between liens given by the statutes to secure liabilities otber than those arising upon maritime contracts, it would not on that account be applicable in admiralty courts in enforcing liens given by it to se- ' cure maritime liabilities.””

   1 later decision quote this exact passage · from the majority
   e.g. The Easby

3. ““Of course this modification of the rule cannot avail where no lien exists, but where one does exist, no matter by what law, it removes all obstacles to a proceeding in rem, if credit is given to the vessel.””

   1 later decision quote this exact passage · from the majority
   e.g. Pittman v. The Samuel Marshall