Hemmenway v. Fisher’s Empirical Analysis

Citation profile

15 federal appellate · 6 district · 2 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The decree was affirmed here by an equal division of the Justices of this court; and the decree of affirmance was entered by the Clerk for the sum awarded by the Circuit Court and costs, and did not give interest on the amount decreed by the court below. The mandate was issued according to the decree; but it was not filed or proceeded on by the appellee, because he supposed that, under the eighteenth rule of this court he was entitled to interest upon the-sum recovered in the Circuit Court from the date of the decree, and that its omission was a clerical error. * * * But the judgment is correctly entered, and the mandate conforms to it. And the mistake on the part of the -appellee has arisen from supposing the eighteenth rule to be still in force and to be applicable to cases in admiralty. But it never applied to admiralty .cases. * -*• * Cases in admiralty, however, are not embraced in the sixty second rule. It applies to cases in law and equity only. * * * In the case' before us, no new judgment could be given in this court, because, upon the question of affirming or reversing the decree of the circuit court, the Justices of this court were equally divided; and the judgment was affirmed by operation of law, which from necessity affirms the judgment of the inferior tribunal-when the judges of the api)ellate court are equally divided. Upon such affirmance the appellee was entitled to the full benefit of the decree of the circuit court, but nothing more. The court being equal”

   3 later decisions quote this exact passage · from the majority
   e.g. Hagerman v. Moran · The Alaska

2. ““Another objection to the decree is, that it decrees the sum of $496.46, intended, as is understood (though not so stated in the decree), as interest upon the original sum decreed in the circuit court, viz., $2,065.28, in 1826, from the time of the rendition thereof to the affirmance in the Supreme Court, in January term, 1830. We are of opinion, that there is error also in this part of the decree. By the judiciary act of 1789, c. 20, § 23 [ 1 Stat. 85 ] the supreme court is authorized, in cases of affirmance of any judgment or decree, to award the respondent just damages for his delay. And by the rules of the supreme .court, made in February term, 1803, and February term, 1807, in cases where the suit is for mere delay, damages are to be awarded at the rate of ten per cent, per annum on the amount of the judgment, to the time of the affirmance thereof. And in cases where there is a real controversy, the damages are to be at the rate of six per cent, per annum only. And in both cases interest is to be computed as part of the damages. It is, therefore, solely for the decision of the Supreme Court, whether any damages or interest (as a part thereof) are to be allowed, or not, in cases of affirmance. If, upon the affirmance, ;no allowance of interest or damages is made, it is equivalent to a denial of any interest or damages; and the circuit court, in carrying into effect the decree of affirmance cannot enlarge the amount thereby decreed; but is limited to the mere execution of ”

   1 later decision quote this exact passage
   e.g. Harrison v. Hughes