The Lady Pike’s Empirical Analysis

Citation profile

9 federal appellate · 2 district · 4 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As already stated, the decree sought to be set aside by this bill'of review in the court below was entered in pursuance of the mandate of this court, on an appeal in the original suit. It is therefore the decree, of this court, and not that primarily entered, by'the court below, that is sought to be interfered with. The better opinion is, that a bill of review will not lie at all for errors of. law alleged on the face of the decree, after the- judgment of the appellate court.' These may be corrected by a direct application to that court, which would.amend, as matter of course, any error. of the kind that might have occurred in entering the decree.Nor will a bill of review lie in the case of newly discovered evidence after the publication, or decree below, where a decision has taken place on an appeal, unless the right is reserved in the decree of the appellate court, or permission be given on • ah application to that court directly fpr thé purpose'. This appears to be the practice of the Court of Chancery and House of Lords, in England, and we think it founded in principles essential to the proper administration of the law, and to a reasonable termination of litigation between parties in chancery suits.”

   1 later decision quote this exact passage · from the majority
   e.g. Kingsbury v. Buckner

2. ““Second appeals will lie in certain cases where it is alleged that the mandate of the appellate court has not been xu-operly executed.””

   1 later decision quote this exact passage · from the majority
   e.g. Metcalf v. City of Watertown