Blease v. Garlington’s Empirical Analysis

Citation profile

76 federal appellate · 35 district · 9 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 186 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Since the amendment of rule 67, in 1861, there could never have been any difficulty in bringing a ease here upon appeal, so as to save all exceptions as to the form or substance of the testimony, and still leave us in a condition to'proceed to a final determination of the cause, whatever might be our rulings upon the exceptions. The examiner' before whom the witnesses are orally examined is required to note exceptions; but he cannot decide upon their validity. He must take down all the examination in writing, and send it to the court with the objections noted. So, too, when depositions are taken according to the acts of Congress, or otherwise, under the rules, exceptions to the testimony may be noted by tbe officer taking tbe deposition, but he is not permitted to decide upon them; and, when the testimony as reduced to writing by the examined, or the deposition, is filed in court, further exceptions may be there taken. Thus, both the exceptions and the testimony objected to are all before tbe court below, and come here upon the appeal as part of the record and proceedings there. If we reverse the ruling of that court upon the exceptions, we may still proceed to the hearing, because we have in our possession, and can consider, the rejected testimony. But, under the practice adopted in this case, if the exceptions sustained below are overruled here, we must remand the cause in order that the proof may be taken. That was done in Conn. et al. v Penn., supra [ 5 Wheat. 424 , 5 L.”

   2 later decisions quote this exact passage · from the majority
   e.g. New England Phonograph Co. v. National Phonograph Co. · Blackburn v. Morrison

2. ““The referee shall note upon the deposition any question objected to, with his decision thereon, and the court shall have power to deal with the costs of incompetent, immaterial or irrelevant depositions; or parts of them, as may be just””

   2 later decisions quote this exact passage · from the majority
   e.g. Bank of Ravenswood v. Johnson · First Nat. Bank v. Abbott

3. ““If testimony is objected to and ruled out, it must be sent here with the record, subject to the objection, or the ruling will not be considered by us. A case will not be sent back to have the rejected testimony taken, even though we might, on examination, be of the opinion that the objection to it ought not to have been sustained. Ample provision having been made by the rules for taking the testimony and saving exceptions, parties, if they prefer to adopt some other mode of presenting their case, must be careful to see that it conforms in other respects to the established practice of the court.””

   1 later decision quote this exact passage · from the majority
   e.g. Lloyd v. Pennie