Zimmerman v. So Relle’s Empirical Analysis
80 F. 417 · 1897
Citation profile
21 federal appellate · 8 district · 3 state decisions
How this case has been cited
Cited by 43 later decisions (3 by the Supreme Court) — most recently April 1981 · most notably Kline v. Burke Construction Co. (1922), Wabash Railroad Company v. Adelbert College of the Western Reserve University (1908)
21 federal appellate · 8 district · 3 state decisions
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 STANTON v. Embrey, Administrator · Heidritter v. Elizabeth Oil-Cloth Co. · John Orton v. George Smith · Merritt v. American Steel-Barge Co. · Gates v. Bucki
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“• “The plea which was filed by the defendant below, who is the appellee here, shows, we think, with sufficient certainty, that the suit at bar, and the suit previously brought in the district court of Pitkin county, Colo., by So Relie against Zimmerman, áre substantially of the same character, the parties thereto being simply reversed. In the case pending in the state Court, So Relie is attempting to quiet his title against Zimmerman, who is claiming title to and possession of the premises in controversy by virtue of a trustee’s deed executed under a power of sale contained in a mortgage that was made by So Relie; while in the suit -at bar Zimmerman seeks to quiet his title and gain possession of the property by enjoining So Relie from asserting that the sale by the trustee was insufficient to pass the legal title. Both suits concern the same property, and necessarily involve a consideration of the same evidence and a decision of the same questions. Such being the state of facts disclosed by the defendant’s plea, we think that the case pending in the state court was of such a nature that the trial court was not at liberty to proceed with the hearing of the case at bar, within the doctrine which was recently applied by this court in the case of Merritt v. Steel-Barge Co., 24 C. C. A. 530 , 79 Fed. 228 . We held in that case that when a suit is brought to enforce a lien against specific property, or to marshal assets, or to administer a trust, or liquidate an insolvent estate, ”
1 later decision quote this exact passage · from the majority““But when, as in the ease at bar, two suits in chancery are pending between the same parties, the one in a state and the other in a federal court, the object of both suits being to quiet the title to the same tract of land, that court which first acquires jurisdiction by the issue and service of process must be allowed to proceed with the hearing apd determination of the ease; and, so long as the first suit remains pending and undetermined, the action of the court in which it is pending should not be embarrassed by proceedings- taken..or orders made in the ease which was last brought.””
1 later decision quote this exact passage · from the majority
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.