Rowe v. Hill’s Empirical Analysis

Citation profile

5 federal appellate · 2 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that if the plaintiffs knew of the pendency of said suit, and either through the agency of Alexander or -by attorney actually participated in its defense in the name and under the guise of ‘ J. W. Rowe,’ and through such representative filed the answer in such name, in which it was admitted that Alexander had made a conveyance to such ‘J. W. Rowe,’ thereby misleading the defendant as to the name and identity of the purchaser, and causing her to fruitlessly pursue her litigation against such fictitious vendee, they would now, in our opinion, be estopped from denying their identity with ‘J. W. Rowe’ as Alexander’s vendee, and would, by reason of such estoppel be bound by the judgment rendered aganst ‘J. W. Rowe’ in the former suit, as if they had actually been parties. However, while the circumstances are such as to create a suspicion that the facts were as above suggested, yet, after careful consideration of the meager evidence in the record, especially in default of the testimony of either of the attorneys who represented ‘Alexander and Rowe’ in the former, suit, one of whom apparently died before proof was taken, we are constrained to conclude that the evidence is sufficient to create such suspicion and not substantial enough to establish the fact.””

   1 later decision quote this exact passage · from the majority
   e.g. Rowe v. Kidd

2. ““Being and lying in the county of Wayne on the waters of the Big South fork and bounded as follows, to wit: Beginning at a poplar; running S. 55 E. 200 poles to a stake at the river cliff; N. 40 E. 40 poles to a stake; N. 50 W. 200 poles to a stake; N. 21 E. 40 poles to a stake; N. 20 W. 60 poles to a stake at the river cliff; S. 80 poles to a stake; N. 70 W. 10 poles to a stake; S. 45 W. 20 poles to a stake at the river cliff; N. 10 E. 60 poles to a stake on Thomas Ryan’s line; thence with said line N. 85 W. 60 poles to a stake on said line; S. 71 W. 40 poles to a stake on Isaac Foster line; S. 33 E. 150 poles to J. W. Mills’ corner a pine; thence with Mills’ old line to the beginning.””

   1 later decision quote this exact passage · from the majority
   e.g. Rowe v. Kidd

3. ““Nor are they bound by said judgment, even if, as found by the court below, the defense made by Alexander to the suit was made both for himself and them, in pursuance of an understanding and agreement with them, since, whatever may have been Alexander’s action in that regard, it was not open and known to the other party;- and the estoppel arising by reason of assuming the defense of a suit must, as in other cases, be mutual.””

   1 later decision quote this exact passage · from the majority
   e.g. Rowe v. Kidd