William Bend v. Jesse Hoyt’s Empirical Analysis

Citation profile

13 federal appellate · 11 district · 12 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Now, it is the duty of Courts of Justice so to construe all statutes as to give full effect to all the words in their ordinary sense, if this can be properly done; and thus to preserve the harmony of all the provisions.”). 37 . See, e.g., Eyer, 113 F.3d at 473 (”

   2 later decisions quote this exact passage · from the majority
   e.g. Fowler v. United States · Miami Tribe Of Oklahoma v. United States

2. ““The question then arises, whether this action is maintainable, not under' ordinary circumstances of innocent mistake, but under circumstances of culpable negligence on the part of the plaintiff, and when the government can no longer be replaced in tbe same situation in which it stood at the time of the original transaction. Upon the best consideration which we can give to the subject, we are of the opinion, that the action, under such circumstances, is not maintainable. * * * The consignee had his choice, at the time of the entry, either to rely on his invoice, or to have the contents of each package examined. He chose the former; and the latter is, on the part of the government no longer practicable — at least, not so far as to be satisfactory or certain in its results. The error, if any there has been, has arisen, as we have already stated, from his own culpable negligence. * * * Even courts of equity will not interefere to assist a party to obtain redress for an injury which he might by ordinary diligence have avoided; and, a fortiori, a court of law ought not, where the other party has, by the very acts or ommissions, lost his own proper rights or advantages.* * * Here, by the conduct, and solemn affirmations, under oath, of the plaintiff, the position of the United States has been etirely changed; the property has been delivered up from the custody of the government, without any search or examination, in the perfect confidence that all was right; and we think the plaint”

   1 later decision quote this exact passage · from the majority
   e.g. Jefferson County Bank v. Hansen Lumber Co.