Stallo v. Wagner’s Empirical Analysis

Citation profile

12 federal appellate · 11 district · 1 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was enacted by 17 Rich. II, e. 6, that the Chancellor should award damages according to his discretion against persons bringing vexatious and unfounded suits in chancery. And ‘damages,’ as used in this statute, has been understood as including eosts. Since the enactment of the statute the power of adjudging eosts has become apparently so far inherent in the equity court as to be inseparable from the exercise of its judicial authority. It has frequently been said that the power of a court of equity to give costs is wholly inherent in the court independent of any statutory authority, and solely according to the conscience of the court. “ ‘This view,’ it is said in Street’s Federal Equity Practice, vol. 2, § 983, ‘is too radical to be considered orthodox, but it seems correct to say that the power of the equity court to allow eosts, though originating in statute, has become a common principle and incident of its judicial action, so that the mere establishment of a court of equity and the endowment of it with judicial authority necessarily imports a power in such court to adjudge costs. This idea is fully exemplified in the history of the subject of eosts as dealt with in the federal courts.’””

   1 later decision quote this exact passage
   e.g. Guardian Trust Co. v. Kansas City Southern Ry. Co.