Cole v. Ralph’s Empirical Analysis

Citation profile

77 federal appellate · 30 district · 106 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 297 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to the absence of revenue stamps, it is true that the deeds showing title in some of the plaintiffs — they were produced in evidence over the defendant’s objection — were without the stamps required by the act of October 22, 1914, Chapter 331, Section 22, Schedule A, 38 Stat. 762 . But this neither invalidated the deeds nor made them inadmissible as evidence. The relevant provisions of that act, while otherwise following the language of earlier acts, do not contain the words of those acts which made such an instrument invalid and inadmissible as evidence while not properly stamped. Those words were carefully omitted, as will be seen by contrasting Sections 6, 11, 12, and 13 of the act of 1914 with Sections 7, 13, 14, and 15 of the act of 1898, Chapter 448, 30 Stat. 454 . From this artd a eoin parison of the acts in other particulars, it is apparent that Congress in the later act departed from its prior practice of making such instruments invalid or inadmissible as evidence while remaining unstamped, and elected to rely upon other means of enforcing' this stamp provision, such as the imposition of money penalties, fines, and imprisonment. The decisions upon which the defendant relies arose under the earlier acts, and were based upon the presence in them of what studiously was omitted from the later one. ’ ’”

   3 later decisions quote this exact passage · from the majority
   e.g. State ex rel. Hemmy v. Miller · Drew v. Duplex Petroleum Co.

2. ““Where minerals have been found and the evidence is of such a character that a person of ordinary prudence would be justified in the further expenditure of his labor and means, with a reasonable prospect of success, in developing a valuable mine, the requirements of the statute have been met.””

   3 later decisions quote this exact passage · from the majority
   e.g. 408 F. Supp. 1361 - Thomas v. Morton · 353 F. Supp. 184 - Multiple Use, Inc. v. Morton

3. “In advance of discovery an explorer in actual occupation and diligently searching for mineral is treated as a licensee or tenant at will, and no right can be initiated or acquired through a forcible, fraudulent or clandestine intrusion upon his possession. But if his occupancy be relaxed, or be merely incidental to something other than a diligent search for mineral, and another enters peaceably, and not fraudulently or clandestinely, and makes a mineral discovery and location, the location so made is valid and must be respected accordingly.”

   2 later decisions quote this exact passage · from the majority
   e.g. Adams v. Benedict · Davis v. Nelson