Robert Gue v. The Tide Water Canal Company’s Empirical Analysis
65 U.S. 257 · 1860
Citation profile
2 federal appellate · 3 district · 24 state decisions
How this case has been cited
Cited by 58 later decisions (8 by the Supreme Court) — most recently April 2000 · most notably Hazel-Atlas Glass Co. v. Hartford-Empire Co. (1944), Krippendorf v. Hyde (1884)
2 federal appellate · 3 district · 24 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Tippets v. Walker
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ’ property seized by the marshal is of itself of scarcely ány value, apart from the franchise of taking toll, with which it is connected in the hands of the company, and, if sold under this fieri facias without the franchise, would bring scarcely anything, but would yet, as it is essential to the ■working of the canal, render the property of the company in the franchise, now so valuable and productive, utterly valueless. Now, it is very clear that the franchise or right tp take toll on boats going through the canal would not pass to tlie pm-cliaser under this execution. The franchise, being an incorporeal hereditament, cannot, upon the settled principles of the common law, be seized under a fieri facias. If it can be done in any of the states, it must be under a statutory provision of the states; and there is no statute of Maryland changing tlie common law in this rcsx>ect. Indeed, the marshal's return and the agreement of tlie parties shows it was- not seized; and, consequently, if the sale had taken place, the result would have been to destroy utterly* the value of the property owned by the company, while tlie creditor himself would, most probably, realize scarcely anything from these useless canal locks, and lots adjoining- them. The record and proceedings before us show that there were other creditors of the corporation to a large amount, some of whom loaned money to carry on the enterprise. And it would be against tlie principles of equity to allow a single credi”
4 later decisions 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.