James D'Arcy v. Morris Ketchum Thomas Rogers and Edward Bement Copartners Trading Under the Name and Firm of Ketchum Rogers and Bement’s Empirical Analysis

Citation profile

17 federal appellate · 10 district · 66 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 186 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the' Congress may by general laws prescribe the manner in which such acts,-records and proceedings shall be. proved, and the effect thereof.”

   5 later decisions quote this exact passage
   e.g. Hanley v. Donoghue · Huntington v. Attrill

2. ““It must be obvious, when the constitution declared that full faiili ¡mil credit shall be given in each state to the public acts, records, and judicial proceedings of every other state, and provides that congress may, hy general laws, prescribe the manner in which such acts, records, and proceedings shall ho proved, and the effect thereof, that the latter clause, as it relates to judgments, was intended to provide the means of giving to them the conclusiveness of judgments upon the merits, when it is sought to carry them into judgments by suits in the tribunals of another state. The authenticity of a judgment, and its effect, depend upon the law made in pursuance of the constitution. The faith and credit due to it as the judicial proceeding of a state is given by the constitution, independently of all legislation. By the law of (he 20th of May, 1700, the judgment is made a debt of record, not examinable upon its merits; but it does not carry with It into ¡mother state the efficacy of a judgment upon property or persons, to he enforced hy execution. To give it the force of a. judgment in another state, it must he made a judgment there, and can only he executed In the latter as its law may permit. It must he conceded that the judgment of a state court cannot he enforced, out of the state, by an execution issued within it. This concession admits the conclusion that, under the first section of the fourth article of the constitution, judgments out of the state in which they are re”

   3 later decisions quote this exact passage · from the majority
   e.g. Cole v. Cunningham · Huntington v. Attrill

3. “In construing the act of 1790, the law as it stood when the act was passed must enter into that construction; so that the existing defect in the old law may be seen, and its remedy by the act of Congress comprehended. Now it was most reasonable, on general principles of comity and justice, that, among States and their citizens united as ours are, judgments rendered in one should bind citizens of other States, where' defendants had been served with process, or voluntarily made defence. As these judgments, however, were only prima facie evidence, and subject to be inquired into by plea, when sued on in another State, Congress saw proper, to remedy the evil, and to provide that such inquiry and double defence should not be allowed. To this extent, it is declared in the case of Mills v. Duryee, Congress has gone in altering the old rule.”

   1 later decision quote this exact passage · from the majority
   e.g. Hilton v. Guyot