The Evangel’s Empirical Analysis

Citation profile

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

1. ““Since the sale of the vessel, the above-named surety company has paid the sums decreed against it: in full, aggregating an amount exceeding the balance in the registry, and it is now before the court asking for said balance. The argument made in its behalf is founded upon ihe theory that, having secured the release of the vessel, and afterwards paying demands which were originally enforceable by process in rom, it is, according to principies of equity, entitled to be subrogated to the rights of tlie original creditors as lienholders, and to claim the money in the registry in lieu of the liens upon the ship, which were displaced by giving the several release bonds above mentioned. Mach of the other interveners above named is the owner of a mortgage upon the vessel, given prior to the commencement of this suit, and they claim that tint remnant of the fund should be paid 1.o them in satisfaction pro tanto of the debts secured by their mortgages. Whether or not tlie equitable doctrine 'of subrogation lias any place in admiralty practice is not a question which must: necessarily he decided in this case, because I be surety company in whose lie-half the doctrine is invoked will not present itself in a more favorable attitude for the purpose of claiming the fund in court, if the doctrine of subrogation shall be applied in this case, than it will otherwise occupy. According 10 the rule in equity, payment of the debt of another who is primarily liable under force of necessity, or com”

   1 later decision quote this exact passage · from the majority
   e.g. The Vigilant