Meadow v. Nash’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Let us, then, first deduce the principles established by the foregoing authorities as to the power of a court of the United States over the probate or revocation of the probate of a will. An analysis of the cases, in our opinion, clearly establishes the following: “First. That, as the authority to make wills is derived from the state, and the requirement of probate is but a regulation to make a will effective, matters of pure probate, in the strict sense of the words, are not within the jurisdiction of courts of the United States. “Second. That where a state law, statutory or customary, gives to the citizens of the state, in an action or suit inter partes, the right to question at law the probate of a will or to assail probate in a suit in equity the courts of the United States in administering the rights of citizens of other states or aliens will enforce such remedies. “The only dispute possible under these propositions may arise from a difference of opinion as to the true significance of the expression ‘action or suit inter partes,’ as employed in the second proposition. When that question is cleared up the propositions are so conclusively settled by the cases referred to that they are indisputable. Before coming to apply the proposition we must, therefore, accurately fix the meaning of the words action or suit inter partes. “The cited authorities establish that the words referred to must relate only to" independent controversies inter partes, and not to mere controversies”

   1 later decision quote this exact passage · from the majority
   e.g. Shehane v. Smith

2. ““In the reasoning of the court in the opinion by Mr. Justice White [now Chief Justice White], the whole matter is thoroughly discussed, and as the facts of the case and the situation of the litigation were much more favorable to the- right of removal than in this case, it makes that decision, in my opinion, absolutely controlling on the question here,” etc.”

   1 later decision quote this exact passage · from the majority
   e.g. Shehane v. Smith