United States v. Girault’s Empirical Analysis

Citation profile

44 federal appellate · 3 district · 8 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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the settled practice of this court, and the same in the king’s bench in England, that the writ will not lie until the whole of the matters in controversy in the suit are disposed of. The writ itself is conditional, and does not authorize the court below to send up the case, unless all the matters between the parties to the record have been determined.””

   2 later decisions quote this exact passage · from the majority
   e.g. Carmichael v. City of Texarkana · Sheppy v. Stevens

2. ““The principle, however, upon which these pleas are founded, is as indefensible as the rule of pleading adopted for the purpose of setting it up. The condition of the bond is that Girault shall faithfully execute and discharge the duties of his office as a receiver of public moneys. The defendants have bound themselves for the fulfillment of these duties, and are, of course, responsible for the very fraud committed upon the government by that officer which is sought to be set up here in bar of the action on the bond. As Girault would not be allowed to set up his own fraud for the purpose of dis: proving the evidence of his indebtedness, we do not see but that, upon the same principle, they should he estopped from setting it up as committed by one for whose fidelity they have become responsible.””

   1 later decision quote this exact passage · from the majority
   e.g. Montgomery County v. Cochran

3. ““In by the lord of S. against one for taking bis cattle; as to parcel. tbe defendant pleaded not guilty; and as to tbe oilier, be pleaded another plea, upon which the plaintiff demurred, and afterwards tbe issue was found for tbe plaintiff, upon which he had judgment; yet he shall not have a writ of error, 1111 the whole matter is determined. And tbe reason of the said case is. that if the record should be removed before tbe whole matter is determined, there would be a failure of right; for tbe judges of the King’s Bench cannot proceed upon' the matter which is not determined, and upon which no judgment is given; and the whole record ought to be either in tbe Common I’leas or in the King’s Bench; also the original is entire, and cannot be there and here likewise.””

   1 later decision quote this exact passage · from the majority
   e.g. Sheppy v. Stevens