Yonley v. Lavender’s Empirical Analysis

Citation profile

65 federal appellate · 19 district · 12 state decisions

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

1. ““The bill charged gross misconduct on the part of the administrator, and one of its main objects was to obtain relief against these fraudulent proceedings. This relief was granted, and the administrator compelled faithfully to carry out the trust reposed in him.””

   2 later decisions quote this exact passage · from the majority
   e.g. Dodd v. Giuselin · Hale v. Tyler

2. ““The question is whether the United States courts can execute judgment against the estate of deceased persons, in the course of administration, in the states, contrary to the declared law of the state on the subject. If they can, the rights of those interested in the estate, who are citizens of the state where the administration is conducted, aro materially changed, and the limitation which governs them does not apply to the fortunate creditor who happens to be a citizen of another state. This cannot be so. The administration laws of Arkansas are not merely rules of practice for the courts, but laws limiting the rights of parties, and will be observed by the federal courts in the enforcement of individual rights. These laws, on the death of Du Bose and the appointment of his administrator, withdrew the estate from -the operation of the execution laws of the state, and placed it in the hands of a trustee for the benefit of creditors and distributees. It was thereafter, in contemplation of law, in the custody of the probate court, of which the administrator was an officer, and during the progress of administration was not subject to seizure and sale by any one. The recovery of judgment gave no prior lien on the property, but simply fixed the status of the party, and compelled the administrator to recognize it in the payment of debts. It would be out of his power to perform the duties with which he was charged by law if the property intrusted to him by a court of competent juris”

   1 later decision quote this exact passage · from the majority
   e.g. Dodd v. Giuselin

3. ““Where a statute of a state places the whole estate — real and personal — of a decedent within the custody of the probate court of the county, so that the assets may be fairly and equitably distributed among creditors, without distinction as to whether resident or nonresident, a nonresident creditor may get a judgment in a federal court against the resident executor or administrator, and come in on the estate according to the law of the state for such payment as that law, marshaling the rights of creditors, awards to debtors of its class. But he cannot, because he has obtained a judgment in the federal court, issue an execution, and take precedence of other creditors who have no right to sue in the federal courts.””

   1 later decision quote this exact passage
   e.g. Bedford Quarries Co. v. Thomlinson