James Cathcart v. William Robinson’s Empirical Analysis

Citation profile

40 federal appellate · 15 district · 40 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 141 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It Ras been urged by bis counsel that, if the penalty only can be decreed, this bill ought to be dismissed, because the penalty might have been recovered at law. We do not think so. The right of a vendor to come in to a court of equity to enforce a specific performance is unquestionable; such subjects are within the settled and common jurisdiction of the court. It is equally well settled that, if the jurisdiction attaches, the court will go on to do complete justice, although, in its progress, it may decree on a matter which was cognizable at law. Robinson could not have sued for the penalty at law, without abandoning his right to enforce the contract of sale. He could not be required or expected to do this. Consequently he came properly into a court of equity, and the court ought to do him justice.””

   1 later decision quote this exact passage · from the majority
   e.g. Merten v. Fertig

2. ““The rule, which has been uniformly observed by this court in construing statutes, is to adopt the construction made by the courts of the country by whose legislature Hie statute was enacted * * *. By adopting them they become our own as entirely as if they had been enacted by the legislature of the state. The received construction in England at the time they are admitted to operate in this country * * * may very properly be considered as accompanying the statutes themselves, and forming an integral part of them.””

   1 later decision quote this exact passage · from the majority
   e.g. State Ex Rel. Wadsworth v. Southern Surety Co.

3. ““At any rate, this excess of price over value, if the contract he free from imposition, is not, in itself, sufficient to prevent a decree for a specific performance. But, though it will not, standing alone, prevent a court of chancery from enforcing a contract, it is an ingredient which, associated with others, will contribute to prevent the interference of a court of equity.””

   1 later decision quote this exact passage · from the majority
   e.g. Gabrielson v. Hogan