The Bank of Hamilton v. The Lessee of Ambrose Dudley Jun’s Empirical Analysis

Citation profile

9 federal appellate · 5 district · 26 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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is also contended, that the jurisdiction of the court of common pleas, in testamentary matters, is.established by the Constitution, and that the exclusive power of the state courts to construe legislative acts does not extend to the paramount law, so as to enable them to give efficacy to an act which is contrary to the Constitution. “We cannot admit this distinction. The judicial department of every government is the rightful expositor of its laws; and emphatically of its supreme law. If, in a case depending before any court, a legislative act shall conflict with the Constitution, it is admitted, that the court must exercise its judgment on both, and that the [Constitution must control the act. .The court must determine whether a repugnancy does or does not exist; and in making this determination, must construe both instruments. That its construction of the one is authority, while its construction of the other is to be disregarded, is a proposition for which this court can perceive no reason.””

   3 later decisions quote this exact passage · from the majority
   e.g. Gulf Refining Co. v. City of Dallas · Orick v. State

2. ““The seventh amendment to the constitution of the United States declares that ‘in suits at common law, where tho value in .controversy shall exceed twenty dollars, tho right of trial hy jury shall be preserved.’ This is a suit at common law and the value in controversy exceeds twenty dollars. The controversy is not confined to the question o£ title; the compensation for improvements is an important part of it, and, if that is to he determined at common law, it must he submitted to a jury. It has been said that the occupant law of Ohio must, in conformity with the 24th section of the judiciary act, be regarded as a rule of decision in the courts of the United States. The laws of tiie states and the occupant law, like others, would bo so regarded, independent of that special enactment; but the exception contained in that section must be regarded likewise. The law. so far as it consists with the constitution of the United States and of the slate of Ohio,, is a rule of property, and, of course, a, rule of decision in the courts of the United States; but. that rule must be applied consistently with their constitution. Admitting that the legislatui*e of Ohio can give an occupant claimant a right to the value of his improvements, and can authorize him to retain possession of tho land he has improved until lie shall have received that value, and assuming that they may also annex conditions to the change of possession, which, so far as they are constitutional, must he respected in all”

   1 later decision quote this exact passage · from the majority
   e.g. Klever v. Seawall

3. ““ ‘Jurisdiction, of alt probate and testamentary matters’ may be completely exercised without possessing the power to order the sale of the lands of an intestate. Such jurisdiction does not appear to us to be identical with that power or to comprehend it. The constitution did not mean, and could not mean, to deprive the legislature of the power of exercising its wisdom on a subject so vitally interesting to the people, nor do its words convey such an intent. Were it even true — which we cannot admit — that the constitution established the jurisdiction of the court of common pleas in the case, still the legislature might prescribe the rule by which that jurisdiction should be exercised.””

   1 later decision quote this exact passage · from the majority
   e.g. Fitzwilliam v. Campbell