Elgin Wind Power & Pump Co. v. Nichols’s Empirical Analysis
65 F. 215 · 1895
Citation profile
4
cited by 4 later decisions
December 1906
most recently cited
1 federal appellate ·
Relationships
Relies on Hartell v. Tilghman · United States v. California & Oregon Land Co. · Dale Tile Manufacturing Co. v. Hyatt · Farley v. Kittson · White v. Rankin
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Much stress has been laid upon the rule that a replication to a plea admits its validity, and that, if the particular facts stated in the plea be proved to be true, the bill miist be dismissed, without reference to the equity arising from any other facts stated in the bill. Farley v. Kittson, 120 U. S. 303 , 314, 7 Sup. Ct. 534 , 30 L. Ed. 684 ; U. S. v. California & O. Land Co., 148 U. S. 31 , 13 Sup. Ct. 458 , 37 L. Ed. 354 . A necessary corollary is that strict proof must be made of ‘the particular facts stated in the plea,’ and it will not be enough to prove less than, or something different from, what is averred. In the federal practice, however, the rule itself has been modified by equity rule 33, which provides that ‘if upon an issue the facts stated in a plea are determined for the defendant, they should avail him as far as in law or equity they ought to avail him.’ In respect to that rule the supreme court, in Pearce v. Rice, 142 U. S. 28 , 42, 12 Sup. Ct. 130 , 135, 35 L. Ed. 925 , said: ‘It clearly takes from the establishment of the plea the effect it had under the old law. 'When, by filing a replication, issue is taken upon a plea, the facts, if proven, will now avail the defendant only so far as, in law and equity, they ought to avail him. Under the existing rule, the court may, upon final hearing, do at least what, under the old rule, might have been done when the benefit of a plea was saved to the hearing. ‘When,’ says Cooper, ‘the benefit of the plea is save”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.