United States v. Hellard’s Empirical Analysis

Citation profile

63 federal appellate · 18 district · 20 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 132 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Restricted Indian land is property in which the United States has an interest.”

   4 later decisions quote this exact passage · from the majority
   e.g. Alonzo v. United States · United States v. City of McAlester

2. ““It seems clear from the language of the Act of June 14, 1918 and its legislative history (S.Rep. No. 330, 65th Cong., 2d Sess.) that Congress vested in the Oklahoma state courts jurisdiction to determine heirship in these restricted lands (§ 1) and jurisdiction to partition them. § 2. See Salmon v. Johnson, 78 Old. 182, 189 P. 537 ; United States v. Bond, 10 Cir., 108 F.2d 504 . The authority of Congress to select state .tribunals to perform such functions is clear. Parker v. Richard, 250 U.S. 235 , 39 S.Ct. 442 , 63 L.Ed. 954 ; Harris v. Bell, 254 U.S. 103 , 41 S.Ct. 49 , 65 L.Ed. 159 ; Stewart v. Keyes, 295 U.S. 403 , 55 S.Ct. 807 , 79 L.Ed. 1507 . But a grant of jurisdiction to a particular court without more does not determine what parties are indispensable to the proceedings in question. Petitioner concedes that the United States is not a necessary party to proceedings to determine heirship under § 1 of the Act of fome 14, 1918. (Emphasis supplied). Since restrictions on alienation do not prevent inheritance, no governmental interest is at least directly involved in such a determination. It may likewise be inferred from the language, nature, and purpose of Acts of Congress which vest jurisdiction over specified Indian affairs in a designated court that Congress not only has made that tribunal the exclusive agency to effectuate the federal policy but also has dispensed with any requirement that the United States be a party to the proceedings.” (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. In re Micco's Estate

3. “a determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes.”

   1 later decision quote this exact passage · from the majority
   e.g. Shade v. Downing