Barnardin v. Northall’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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

1. ““The contention of the defendant is that, when a deposition is ‘taken,’ it is ‘admitted in evidence.’ If such were the case, the words ‘admitted in evidence’ would be mere surplusage. It is a rule in the construction of. statutes that efféct'shall, if possible, be given to every part of-them. It is evident that Congress meant by the words ‘admitted in evidence’ something more than the mere taking of a deposition. An attorney’s fee on depositions is not taxable until they are both taken and admitted in evidence.. The ad mission' of depositions in evidence involves an exercise of judicial functions which are not vested in an examiner or other ministerial officer. These depositions may or may not be legally entitled to be admitted in evidence. If a fee were taxable for the taking of a deposition, it might be contended that another fee would be taxable when the deposition is thereafter admitted in evidence.””

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Hudson River Stone Supply Co. v. Venable Const. Co.

2. ““To entitle an attorney to this fee, there must be a concurrence of three things, viz.: (1) There' must be a deposition; (2) it must have been taken in a cause; and (3) it must have been admitted in evidence therein.””

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Hudson River Stone Supply Co. v. Venable Const. Co.