The Davis’s Empirical Analysis

Citation profile

35 federal appellate · 21 district · 16 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 155 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But what shall constitute a possession which, in reference to this matter, protects the goods from the process of the court? The possession which would do this must be an actual possession, and not that mere constructive possession which is very often implied by reason of ownership under circumstances favorable to such implication. We are speaking now of a possession which can only be changed under process of the court by bringing the officer of the court into collision with the officer of the government, if the latter should choose to resist. The possession of the government can only exist through some of its officers, using that phrase in the sense of any person charged on behalf of the government with the control of the property, coupled with its actual possession.”

   7 later decisions quote this exact passage · from the majority
   e.g. United States v. Wickersham · Aqua Log, Inc. v. Georgia

2. ““Bringing the facts of the ease before us to the test of these principles, the case was the usual one of a common carrier contracting to deliver goods on his own responsibility, and not the case, as alleged by the United States, of a charter of the vessel. The goods were then delivered to the master, and he contracted to deliver them to the agent of the United States in New York. Immediately on her arrival, and before any of the cotton was delivered to the agent, the vessel and cargo were libeled and taken possession of by the marshal under the writ which issued on the libel being filed. The possession of (lie master of the ve.ssel was not the possession of the United States. He was in no sense an officer of the government. He was acting for himself, under ai contract which placed the property in his possession and exclusive control for the voyage. His obligation was to deliver possession in New York to tile agent of the government. This he had not done, when the process was served on the cotton. The marshal served his writ and obtained possession without interfering with that of any oflicer or agent of the government.””

   1 later decision quote this exact passage · from the majority
   e.g. The Johnson Lighterage Co. No. 24

3. “There are some expressions in the opinion of this court in the case of The Siren , which seem to imply that no suit in rem can be instituted against property of the United States under any circumstances. But a critical examination of the case and the reasoning of the court, will show that that question was not involved in the suit, and that it was not intended to assert such a proposition without qualification.”

   1 later decision quote this exact passage · from the majority
   e.g. Regents of the Univ. of Minn. v. Lsi Corp.