Cooper Executor v. Omohundro’s Empirical Analysis
86 U.S. 65 · 1873
Citation profile
59 federal appellate ·
How this case has been cited
Cited by 76 later decisions (7 by the Supreme Court) — most recently June 1937 · most notably Fleischmann Const Co v. United States (1926), Insurance Company v. Boon (1877)
59 federal appellate ·
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 Hall v. Jordan
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Rulings of the court in the progress of the trial’ does not include the general finding of the Circuit Court, nor the conclusions * * * embodied in such general finding.””
11 later decisions quote this exact passage · from the majority““The first matter to be considered is whether the record is in such shape as to present any question for determination. The case was tried by the court without a jury, and the journal entry shows simply a. general finding that the defendant is guilty in manner and form as charged in the complaint, the amount of damages sustained by the plaintiff, and the value of the monthly rents and profits, and thereon the judgment for restitution of the premises, double damages and double rent. There is no special finding of facts, and no agreed statement of facts. Obviously, therefore, inquiry in this court must be limited to the sufficiency of the complaint and the rulings, if any be preserved, on questions of law arising during the trial. * * * Further, section 700 provides that ‘when an issue of fact in any civil cause in a Circuit Court is tried and determined by the court without the intervention of a jury, according to section 649, the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special, the review may extend to the sufficiency of the facts found to support the judgment.’ Under that, the rulings of the court in the trial, if properly preserved, can be reviewed here, and we may also determine whether the facts as specially found support the judgment ; 'but if there be no special findings, there c”
3 later decisions quote this exact passage · from the majority““(C) That, upon the whole case, judgment should be for the defendant.””
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.