Erwin v. Lowry’s Empirical Analysis

Citation profile

16 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That no jurisdiction existed in tlie United States circuit court was held in the case before us, and so it had been held by the supreme court of Louisiana in previous cases! But in 1847 that court reviewed its previous decisions in the case of Dupuy v. Bemiss. 2 La. Ann. 509 . In the opinion there given, the jurisdiction of the federal court held in Louisiana is so accurately and cogently set forth, and the relative powers and duties of the state and federal judiciaries are so justly appreciated as to relieve us from all further anxiety and embarrassment on the delicate question of conflict arising in the ease of Collier v. Stanbrough [ 6 How. 14 ], and again in this cause. It was hold in the case of Dupuy v. Bemiss that where a lien existed on property by a special mortgage before the debtor’s death, and the property passed by death and succession, with the lien attached, into the hands of a curator, and was in the course of administration in the probate court, the circuit court of the United States had jurisdiction, notwithstanding, to proceed against the propertj', and to enforce the creditor’s lien, and to decree a sale of the property, and that such sale was valid. We accord to this adjudication our decided approbation; but take occasion to say that, had we unfortunately been compelled to decide the question without this aid, our judgment would have been that the decision of the supreme court of Louisiana in the cause under consideration was erroneous.””

   1 later decision quote this exact passage · from the majority
   e.g. German Sav. & Loan Soc. v. Cannon

2. ““in no instance within our knowledge has an appeal or writ of error been dismissed on the assumption that a release of errors was implied from the fact that money or property had changed hands by force of the judgment or decree. If the judgment is reversed, it is the duty of the inferior court, on the cause being remanded, to restore the parties to their rights.””

   1 later decision quote this exact passage · from the majority
   e.g. Josevig -Kennecott Copper Co. v. James F. Howarth Co.