Cæsar v. Capell’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The infirmity which existed before that time was that the courts of Tennessee, state and federal, if you please, would not enforce a contract made in disobedience of the statute; but whenever that disobedience was removed, and the parties complied with the conditions, there was no longer any substantial reason why the courts should not enforce it. Any reason that might be assigned for not enforcing it would be neither within the mis-chiefs to be remedied by the statute nor within the enforcement of any policy declared by it, but purely and entirely sentimental; the sentiment being that the contract, having been originally made in disrespect of the statute, should be forever disfavored by the courts and repelled from their precincts, until the legislature had granted a statutory pardon. We think it will be found that courts do not proceed upon any such theory unless the infirmity inheres in the vicious, immoral, or criminal nature of the act itself.””

   1 later decision quote this exact passage
   e.g. Eastern Building & Loan Ass'n v. Bedford

2. ““But one cannot read the cases relative to the restrictive legislation of thq states without at once observing that the courts everywhere are doing all they can to confine this absolutism which nowhere else exists under our laws, within the reasonable bounds of due regard for the ordinary principles of justice, at least.””

   1 later decision quote this exact passage
   e.g. Toledo Traction, Light & Power Co. v. Smith