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← 5 CAL 494 - In re Cohen

In re Cohen’s Empirical Analysis

1855

Citation profile

17
cited by 17 later decisions
10
states following
April 1943
most recently cited

1 district · 16 state decisions

How this case has been cited

Cited by 17 later decisions — most recently April 1943

1 district · 16 state decisions — followed in 10 states

501855186018701880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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

  1. ““Contempt is defined by our statute to be the disobedience or resistance of a lawful order of a court or judge. What is a lawful order, within the meaning of this act? Strictly speaking, every erroneous order or judgment of a court, is unlawful, and for that reason, may be reversed on appeal. “But it will not be contended, that therefore parties may not be punished for resistance or disobedience to such orders, or that the officer executing final process, issued on an erroneous judgment, would make himself liable as a trespasser. “In the examination of this question, we should be careful to distinguish between the erroneous exercise of a power conferred by law, and the usurpation of power. If the district court has jurisdiction, under any circumstances to make an order, requiring persons not parties to the record to deliver property to the officers of the court, the issuance of such order in an improper case would be error certainly, which an appellate court would correct, but would not be an usurpation of power or an excess of jurisdiction.””
    1 later decision quote this exact passage · from the majority
  2. ““Courts of equity unquestionably have the power to appoint receivers and to order them to take possession of the property in, controversy, whether in the immediate possession of defendant or his agent, and in proper cases, they can also order the defendant’s agents or employees, although not parties to the record, to deliver the specific property to the receiver.””
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.