Phelps v. McDonald’s Empirical Analysis

Citation profile

48 federal appellate · 11 district · 43 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 160 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘■Where the necessary parties are before a court of equity, it is immaterial that the res of the controversy, whether it bo real or personal property, is beyond the territorial jurisdiction of the tribunal. It has the power to compel the defendant to do all tilings necessary according to the lex loci rei sitas, which he could do voluntarily, to give full effect to the decree against him.””

   12 later decisions quote this exact passage · from the majority
   e.g. Cole v. Cunningham · Gage v. Riverside Trust Co.

2. “There is no element of a donation in the payment ultimately made in such cases. Nations, no more than individuals, make gifts of money to- foreign strangers. Nor is it material that the claim cannot be enforced by a suit under municipal law which authorizes such a proceeding. In most instances the payment of the simplest debt of the sovereign depends wholly upon his will and pleasure. -. The theory of the rule is that the government is always ready and willing to pay promptly whatever is due to the creditor. ... It is enough that the right exists when the transfer is made, no matter how remote, or uncertain the time of payment. The latter does not affect the former. ... If the thing be assigned, the right to collect the proceeds adheres to it, and_ travels with itwhithersoever the property may go. They are inseparable. Tested rights ad rem and in re — possibilities coupled'with an interest and, claims growing out of property — pass to the assignee.”

   1 later decision quote this exact passage · from the majority
   e.g. Williams v. Heard

3. ““The bankrupt law required that all suits by or against the assignee should be brought within two years from the time the cause of action accrued. Rev. St. p. 782, § 5057. But this provision relates to suits by or against the assignee with respect to parties other than the bankrupt. In a case like this it has no application.' If this were otherwise, the cause of action here did not accrue until the award was made, and McDonald (bankrupt) set up a claim to the fund awarded. Clark v. Clark, 17 How. 315 .””

   1 later decision quote this exact passage · from the majority
   e.g. Leech v. Dawson