Bank of the United States v. Halstead’s Empirical Analysis

Citation profile

17 federal appellate · 5 district · 32 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 116 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ If the alterations are limited to mere form, without varying the effect and operation of the process, it would be useless. The power here given, in order to-answer the object in view, cannot be restricted to form, as contradistinguished from substance, but must be understood as vesting in the courts authority so to frame, mould, and shape the process as to adapt it to the purpose intended. The general policy of all the laws - on this subject is very apparent. It was intended to adopt and conform to the state process and proceedings, as the general rule, but under such guards and cheeks as might be necessary to insure the due exercise of the powers of the courts of the United States. It is said, however, that this is the exercise of legislative power which could not be delegated by congress to the courts of justice. But this objection cannot be sustained. There is no doubt that congress might have legislated more specifically on the subject, and declared what property should be subject to executions from the courts of the United States. But it does not follow that because congress might have done this they necessarily must do it, and cannot commit the power to the courts of justice.””

   3 later decisions quote this exact passage · from the majority
   e.g. Steam Stone Cutter Co. v. Jones · Steam Stone-Cutter Co. v. Sears

2. “[E]xecution is the fruit and end of the suit * * *. The suit does not terminate with the judgment; and all proceedings on the execution, are proceedings in the suit”

   3 later decisions quote this exact passage · from the majority
   e.g. 2010 OK CR 22 - State v. Sittingdown · Morton v. National Bank of New York City

3. ““That executions are among- the writs hereby authorized to be issued cannot admit of a doubt. They are indispensably necessary for the beneficial exercise of the jurisdiction of the courts. * * * The precise limitations and qualifications of 1his power, under the terms, agreeable to the principles and usages of law, is not, perhaps, so obvious. It doubtless embraces writs sanctioned by the principles and usages of the common, law. But it would be too limited a construction, as it respects writs of execution, to restrict it to such only as were authorized by the common law. It was generally known to congress that there were in use in the state courts writs of execution other than such as were conformable to the usages of the common law. And it is reasonable to conclude that such were intended to be included under the general description of writs agreeable to the principles and usages of law.””

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Deimel v. Arnold