In re Paschal’s Empirical Analysis
77 U.S. 483 · 1870
Citation profile
32 federal appellate · 15 district · 45 state decisions
How this case has been cited
Cited by 145 later decisions (8 by the Supreme Court) — most recently August 2011 · most notably Alyeska Pipeline Service Company v. Wilderness Society (1975), Trustees v. Greenough (1881)
32 federal appellate · 15 district · 45 state decisions — followed in 21 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 Ducat v. Chicago · Foster v. Jack
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 145 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If an attorney have collected money for his client, it is prima facie his duty, after deducting his own costs and disbursements, to pay it over to such client; and his refusal to do this, without some good excuse, is gross misconduct and dishonesty on his part, calculated to bring descredit on the court and on the administration of justice. It is this misconduct on which the court seizes as a ground of jurisdiction to compel him to pay the money, in conformity with his proféssional duty. The application against him in such cases is not equivalent, to an action of debt or assumpsit but is a quasi criminal proceeding, in which the question is not merely whether the attorney has received the money, but whether he has acted improperly and dishonestly in not paying it over. If no dishonesty appears the party will be left to his action. The attorney may have cross demands against his client, or there may be disputes between them on the subject proper for a jury or a court of law or equity to settle. If such appear to be the case, and no professional misconduct be shown to exist, the court will not exercise its summary jurisdiction.””
1 later decision quote this exact passage · from the majoritye.g. In re Magoon““The relations between counsel and client are of a very delicate and confidential character, and, unless the utmost confidence prevails between them, the client’s interest must necessarily suffer.””
1 later decision quote this exact passage · from the majoritye.g. In re Prospect Ave.““Whether in any ease, in virtue of an agreement made, an attorney may successfully resist an application of his client to substitute another in his place, we need not scop to inquire.””
1 later decision quote this exact passage · from the majoritye.g. Kellogg v. Winchell
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.