In re Cilley’s Empirical Analysis

Citation profile

5 federal appellate · 3 district ·

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

1. ““The petitioner places great stress upon a class of cases like Gaines v. Fuentes and Ellis v. Davis, which put in issue the validity of wills. An examination of these cases will disclose that they are not inconsistent with the repeated declarations of the supreme court that federal courts have no jurisdiction over the probate of wills, and the apparent confusion arises from the fact that the cases either came from the territorial courts or from states where, by statute, eourts of equity have been clothed with jurisdiction to entertain bills to set aside wills on the ground of fraud. Gaines v. Fuentes, 92 U. S. 10 , 23 L. Ed. 524 , was a direct proceeding to annul a will already established, based upon a local law vesting the ordinary courts with jurisdiction to that end. Mr. Justice Field, in sustaining jurisdiction in that case, reaffirms the doctrine of the Case of Broderick’s Will, that by jurisdiction of courts of equity as established both in England and in this country, independent of the statutes, a bill will not lie to set aside a will or its probate. ‘And,’ he says (page 21), ‘whatever the cause of the establishment of this doctrine originally, there is ample reason for its maintenance in this country from the full jurisdiction over the subject of wills vested in the probate courts, and the revisory power over their adjudications in the appellate courts. But,’ he says, ‘that such jurisdiction may be vested in the state courts of equity by statute is there recognized,”

   1 later decision quote this exact passage · from the majority
   e.g. Williams v. Crabb

2. ““The .jurisdiction of the Circuit Courts of the United States on removal by the defendant under this section is limited to such suits as might have been brought in that court by the plaintiff under the first section.””

   1 later decision quote this exact passage · from the majority
   e.g. Waha-Lewiston Land & Water Co. v. Lewiston-Sweetwater Irrigation Co.