Gordan v. Jackson’s Empirical Analysis

Citation profile

4 federal appellate ·

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But, where the defendant is in possession and the plaintiff is out of possession, the latter can test the title and right to the possession and to the profits hr damages by an action at law, the defendant, under the Seventh Amendment to the Constitution of the United States, which provides that ‘in suits at common law, where the value of the controversy shsffi-exceed $20, the right of trial by jury shall be preserved,’ and under see-tion 1244, Comp. Stat. 1918 (section 267, Judicial Code; Rev. Stat. § 723), which provides that ‘suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate and complete remedy may be had at law,’ is entitled to a trial of its claimed title and right to the possession by a jury in an action at law. As this right to the trial of its title and right of possession rests upon the Constitution and statutes of the United States, the legislation of the state of Oklahoma cannot deprive the defendant of its right in the federal courts, and the rule and practice that a plaintiff out of possession cannot maintain in the federal courts a suit in equity against a defendant in possession of real estate to quiet the title or right of possession thereto has become established and settled beyond controversy.””

   1 later decision quote this exact passage · from the majority
   e.g. Twist v. Prairie Oil & Gas Co.