Thomson v. Dean’s Empirical Analysis

Citation profile

60 federal appellate · 4 district · 10 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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question upon the motion to dismiss is whether this is a final decree, within the meaning of the acts of Congress. Undoubtedly, it is not final, in the strict, technical sense of that term. But this court has not heretofore understood the words ‘final decrees’ in this strict and technical sense, but has given to them a more liberal, and, as we think, a more reasonable construction, and one more consonant to the intention of the Legislature.” “And when the decree decides the right to the property in contest, and directs - it to be delivered up by the defendant to the complainant, or directs it to be sold, or directs the defendant to pay a certain sum of money to the complainant, and the complainant is entitled to have such decree carried immediately into execution, the decree must be regarded as a final one to that extent, and authorizes an appeal to this court, although so much of the bill is retained in the Circuit Court as is necessary for the purpose of adjusting by a further decree the accounts between the parties pursuant to the decree passed. “This rule, of course, does not extend to cases where money is directed to be paid into court, or property to be delivered to a receiver, or property held in trust to be delivered to a new trustee appointed by the court, or to eases of a like description. Orders of that kind are frequently and necessarily made in the progress of a cause. But. they are interlocutory only, and intended 'to preserve the subject-matter in dispute ”

   5 later decisions quote this exact passage · from the majority
   e.g. Burlington, Cedar Rapids & Northern Railway Co. v. Simmons · Mercantile Trust Co. v. Chicago, P. & St. L. Ry. Co.

2. “In this case the decree directs the performance of a specific act, and requires that it be done forthwith. The effect of the act when done is to invest the transferees with all the rights of ownership. It changes the property in the stock as absolutely and as completely as could be done by execution on a decree for sale. It looks to no future modification or change of the decree.”

   1 later decision quote this exact passage · from the majority
   e.g. Burlington, Cedar Rapids & Northern Railway Co. v. Simmons

3. ““ Where the decree decides the right to the property in contest, and directs it to be delivered up or directs it to be sold, and tiie complainant is entitled to have it carried into immediate execution, the decree must be regarded as Anal to that extent, although it may be necessary by a further decree to adjust the account between the parties.””

   1 later decision quote this exact passage
   e.g. Norton v. Hood