Fussell v. Hail’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 11 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A court of chancery has no jurisdiction of the subject matter of this controversy. The object of the bill is to have a court of chancery, by its process, assume control of the action of an ecclesiastical tribunal, declare the extent of its jurisdiction, examine the regularity of its proceedings and revise its judgments. The civil courts deal only with civil or property rights. They have no jurisdiction of religious or ecclesiastical controversies. Our constitution says: ‘The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed.’ Such freedom of religious profession and worship cannot be maintained if the civil courts may interfere in matters of church organization, creed and discipline, construe the constitution, canons or rules of the church and regulate and revise its trials and the proceedings of its governing bodies. [Citations.] The civil courts afford no remedy for any abuse of ecclesiastical authority which does not violate a civil or properly right. Church tribunals ought to perform their functions honestly, impartially and justly, with due regard to their constitutional powers, sound morals and the rights of all who are interested; but if tyranny, force, fraud, oppression or corruption prevail, no civil remedy exists for such abuse except where it trenches upon some property or civil right. The ordinary courts have no cognizance of the rules of a religious organization or other voluntary association, an”

   2 later decisions quote this exact passage · from the majority
   e.g. 31 Ill. App. 3d 845 - Pfeifer v. Christian Science Committee on Publications · People ex rel. Michajlowski v. Tanaschuk

2. ““The civil courts afford no remedy for any abuse of. ecclesiastical authority which does not violate a civil • or property right. Church tribunals ought to perform their functions honestly, impartially and justly, with due regard to their constitutional powers, sound morals and the rights of all who are interested; but if tyranny, force, fraud, oppression or corruption prevail, no civil remedy exists for such abuse except where it trenches upon some property or civil right. The ordinary courts have no cognizance of the rules of a religious organization or other voluntary association, and cannot consider whether they have been rightly or wrongly applied.””

   1 later decision quote this exact passage · from the majority
   e.g. People ex rel. Michajlowski v. Tanaschuk