Freer v. Davis’s Empirical Analysis

Citation profile

1 federal appellate · 2 district · 63 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is but one general proposition laid down in the books upon which it can be contended that, in a case like this, a court of equity may try and determine the question .of title. That is the familiar maxim that, when a court of equity has taken jurisdiction for one purpose, it will go on and do complete justice between the parties, even to the extent of determining legal rights. But this principle is not of universal application, even if it be conceded that jurisdiction, as here used, includes jurisdiction by injunction to restrain a trespass, which is doubtful, to say the least, inasmuch as the law-writers term it mere ancillary jurisdiction. * * * “ ‘To [further] justify °a court of equity in granting relief, as consequent upon discovery, in eases of this sort, it ,‘Seems necessary that the relief should he of such a nature as a court of equity may properly grant in the ordinary exercise of its authority. If therefore the proper relief be by an award of damages, which can alone be ascertained by a jury, there may be a strong reason for declining the exercise of the jurisdiction, since it is the appropriate function of a court of law to superintend such trials. And, in many other cases where a question arises, purely a matter of fact, fit to be tried by a jury, and the relief is dependent upon that question, there is equal reason that the jurisdiction for relief should be altogether declined; or, at all events, that if the bill is retained, a trial at law should be direc”

   1 later decision quote this exact passage
   e.g. Midkiff v. Colton