Rodgers v. Pitt’s Empirical Analysis

Citation profile

3 federal appellate · 4 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general rule is well settled that where different courts have concurrent Jurisdiction the court which first acquires jtirisdietion of the parties, the subject-matter, the specific thing, or the property in controversy is entitled to retain the jurisdiction to the end of the litigation, without interference by any other court. * ⅜ * If this court first obtained jurisdiction of this cause, it has the power and it is its duty to restrain the defendants herein from taking any proeeediugs in the state court which would have the effect of defeating or impairing the jurisdiction of this court.””

   4 later decisions quote this exact passage · from the majority
   e.g. Colston v. Southern Home Building & Loan Ass'n · Miller & Lux v. Rickey

2. ““The material facts presented in the petition may be briefly stated in their chronological order as follows: On November 30, 1892, there was flJod in the state court a complaint in a suit wherein J. H. Thies, P. N. Marker, and II. 0. Marker were plaintiffs, and W. O. Pitt, J. T. Hauskins, and L. L. Downs were defendants, praying for a decree adjudging to the plaintiffs therein tlie first and unrestricted right to the use of the flow of the waters of the Humboldt river, four hundred and four cubic feet per second, for the purpose of irrigating the lands of the plaintiffs, the watering of their stock, and for their domestic purposes, etc. On March 7, 1893, the defendants Pitt and Hauskins filed their answer, denying many of the averments in said complaint, and, among, other things, alleged that the plaintiffs were jointly entitled, as prior appropriators, to the use of only four hundred and thirty-five inches of water, as against the defendants. No injunction was ever issued in said suit. No trial of the case was ever had. No proceedings were ever taken after the filing of the answer until July, 1898, as hereinafter mentioned. On November 18, 1895, complainant Arthur Rodgers acquired the interests and became the owner of all the lands, water, and water rights theretofore belonging to and owned by the said P. N. Marker and H. O. Marker, mentioned and described in the suit commenced in the state court. On May 2, 1898, Arthur Rodgers filed in this court his bill of complaint again”

   1 later decision quote this exact passage · from the majority
   e.g. Pitt v. Rodgers

3. ““The general rule, as above stated, is clear, plain, and positive. There is no room for any dispute or controversy as to its correctness, but a careful examination of the authorities shows that many of them do not march up to the full-breasted jurisdiction therein enumerated. The truth is that the language of the courts is used with reference to the facts presented in the cases before them, and is properly confined to such facts, and limited to the direct question there presented. To illustrate: Some of the authorities say the court .‘which first acquired jurisdiction of the parties’; others the court ‘which first acquired jurisdiction of the subject-matter’; others, ‘of a cause which presents the same issues and seeks the same relief’; others, the courl which ' ‘first takes cognizance of the controversy’; others, the court which ‘first obtained possession of the property’ in controversy. It is clear that this court first obtained jurisdiction over the person of the complainant. There is no pretense that the state court ever acquired any jurisdiction over him until long after the commencement of the suit and service of process in this court. Neither court has ever acquired possession of the land, or water. There is no case cited by counsel which can be said to be on ‘all fours’ with the present, and it is the duty of this court to ascertain, from the facts before it, the germ of the principle that must govern and control the disposition of the question before the court; for e”

   1 later decision quote this exact passage · from the majority
   e.g. Vowinckel v. Clark