Turnbull v. Payson’s Empirical Analysis

Citation profile

23 federal appellate · 6 district · 45 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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where the name of an individual appears on the stockbook of a corporation as a stockholder, the prima facie presumption is that he is the owner of the stock, in a case where there is nothing to rebut that presumption; and, in an action against him as a stockholder, the burden of proving that he is not a stockholder, or of rebutting that presumption, is cast upon the defendant.””

   5 later decisions quote this exact passage · from the majority
   e.g. Liggett v. Glenn · Foote v. Anderson

2. ““Beyond all doubt, the certificate of the clerk and the seal of the court is a sufficient authentication of the record of a judgment rendered in a state court, when offered 'in evidence in the circuit court sitting within the same state where the judgment was rendered. Mewster v. Spalding, 6 McLean, 24 . Held, also, that such an authentication would be sufficient in the state court; and if so, that it would also be good in the circuit court. “* * * Records of state courts, in order that they may be! admissible in the courts of other states, must be authenticated as required in that provision; but the Act of Congress does not apply to the courts of the United States, nor to the public acts, record's or judicial proceedings of a state court to be used as evidence in another court of 'the same state.””

   1 later decision quote this exact passage · from the majority
   e.g. Carter v. Barry

3. ““Circuit and district courts of the United States certainly cannot be considered as foreign in any sense of the term, either in respect to the state courts in which they sit, or as respects the circuit or district court of another circuit or district. On the contrary, they are domestic tribunals, whose proceedings all other courts of the country are bound to respect, when authenticated by the certificate of the clerk under the seal of the court; the rule being that the circuit court of one circuit, or the district court of one district, is presumed to know the seal of the circuit court or district court of another circuit or district, in the same manner as each court within a state is presumed to know and recognize the seal of any other court within the same state.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Lew Poy Dew