The Hine v. Trevor’s Empirical Analysis

Citation profile

19 federal appellate · 22 district · 25 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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ The cognizance of civil causes of admiralty and maritime jurisdiction vested in the District Courts by the ninth section of the Judiciary Act, may be supported upon like considerations. It has been made exclusive by Congress, and that is sufficient, even if we should admit that in the absence of its legislation the State courts might have taken cognizance of these causes. But there are many weighty reasons why it was so declared. ‘The admiralty jurisdiction,’ says Mr. Justice Story, ‘ naturally connects itself, on the one hand, with our diplomatic relations and the duties to foreign nations and their subjects; and, on the other hand, with the great interests of navigation and commerce, foreign and domestic. There is, then, a peculiar wisdom in giving to the national government a jurisdiction of this sort which cannot be yielded, except for the general good, and which multiplies the securities for the public peace abroad, and gives to commerce and navigation the most encouraging support at home.’ “ The case before us is not within the saving clause of the ninth section. That clause only saves to suitors ‘ the right of a common-law remedy, where the common law is competent to give it.’ It is not a remedy in the common-law courts which is saved, but a common-law remedy. A proceeding in rem, as used in the admiralty courts, is not a remedy afforded by the common law; it is a proceeding-under the civil law. When used in the common-law courts, it is given by statute.””

   2 later decisions quote this exact passage
   e.g. The Hamilton · Red Cross Line v. Atlantic Fruit Co.

2. “While the proceeding differs, thus from a common law remedy, it is also essentially different from what are in the West called suits by attachment, and in some of the older States foreign attachments. In these cases there is a suit against a personal defendant by name, and because of inability to serve process on him on account of non-residence, or for some other reason mentioned in the various statutes allowing attachments to issue, the suit is commenced by a writ directing the proper' officer to attach sufficient property of the defendant to answer any judgment which may be rendered against him. This proceeding may be had against an owner or part owner of a vessel, and his interest thus subjected to sale in a. common law court of the State. “Such actions may, also, be maintained in personam against a defendant in the common law courts, as the common law gives; all .in consistence with the grant of admiralty powers in the ninth section of the Judiciary Act.”

   1 later decision quote this exact passage · from the majority
   e.g. The Robert W. Parsons

3. “The remedy pursued in the Iowa courts, in the case before us, is in no sense a common law remedy. It is a remedy partaking of all the essential features of an admiralty proceeding in rem. The statute provides that the vessel may be sued and made defendant without any proceeding against the owners, or even mentioning their names. That a writ may be issued and the vessel seized, on filing a petition similar in substance to a libel. That after a notice in the nature of a monition, the vessel may be condemned and an order made for her sale, if the liability is established for which she was sued. Such is the general character of the steamboat laws of the Western States.”

   1 later decision quote this exact passage · from the majority
   e.g. The Robert W. Parsons