Eli Ayres v. Hiram Carver’s Empirical Analysis

Citation profile

24 federal appellate · 8 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. ““A. cross-bill is brought by a defendant in a suit against the plaintiff in the same suit, or against other defendants in the same suit, or against both, touching the matters in question in the original bill. It is brought either to 'obtain a discovery of facts, in aid of the defense to the original bill, or to obtain full and complete relief to all parties as to the matters charged in the original bill. It should not introduce new and distinct matters not embraced in the original bill, as they cannot be properly examined in that suit, but constitute the subject-matter of an original, independent suit. The cross-bill is auxiliary to the proceeding in the original suit, and a dependency upon it. It is said by Lord ÍTardwicke that both the original and cross-hill constitute but one suit, so intimately are they connected together.””

   3 later decisions quote this exact passage · from the majority
   e.g. Chattanooga Medicine Co. v. Thedford · Rickey Land & Cattle Co. v. Wood

2. ““As it respects the cross-bill, it may be proper to observe that the matters sought to he brought into the controversy between the complainants in that and their codefendants do not seem to have, any connection with the matters in controversy with the complainant in the original bill. Nor is it perceived that he has any interest or concern in that controversy. These two complainants in the cross-hill set up a tille to the lands in dispute, which, they insist, is paramount to that of their codefendants, and seek 1o obtain a decree to that effect, and to have file possession delivered to them. This is a litigation exclusively between these parties, and with which the complainant in the original bill should not be embarrassed or the record Incumbered. The same matter has been set up in their answer to the original bill, against the equitable title claimed by the complainant, presenting the only issue in which he is interested, and upon which the questions between them can he heard and determined.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ames Realty Co. v. Big Indian Mining Co. · Lovell v. Latham & Co.

3. ““As it respects tlie cross bill, it may be proper to observe that the matters sought to be brought into the controversy between the complainants in that and the eodefendants do not seem to have any connection with the matters in controversy with the complainant in the original bill. Nor is it perceived that he has any interest or concern in that controversy. These two complainants in the cross bill set up a title to the lands in dispute which they insist is paramount to that of their codefendants, and seek to obtain a decree to that effect, and to have the possession delivered to them. This is a litigation exclusively between these parties, and with which the complainant in, .the original bill should not be embarrassed or the record incumbered. * * * It [the cross bill] should not introduce new and distinct matters not embraced in the original bill, as they cannot be properly examined in that suit,, but constitute the subject matter of an original and independent suit.””

   1 later decision quote this exact passage · from the majority
   e.g. Industrial & Mining Guaranty Co. v. Electrical Supply Co.