What’s the oldest case you’ve cited in papers to the court, and for what principle?

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When I was a first year I did a cite check for a case that cited an opinion from the 1830’s.

Basically the argument was that this 1830’s case resolved a land dispute. Our client could trace its ownership of the land to the winner of that case, so the other sides’ claim to the land should be rejected.

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I quoted Marbury v. Madison (1803) in a state supreme court appellate brief. For the proposition that people who suffer “injury” have the right to the protection of the laws. Seeking for the court to recognize a cause of action.

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PA state court practitioners be like 📜

I once had to use an 1800s case re the tacking of prior ownership to establish adverse possession of an easement for ingress/egress.

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code of hammurabi, cited for the unremarkable proposition that if you build a house improperly and it ruins the contents in the house you must pay for the ruined goods and rebuild the house properly. This was in response to a lawyer saying it wasn’t foreseeable that the owner would keep valuable household items in his house.

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1830s admiralty case re: an allision in ND IL.

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Recently the oldest case was from about 1890, but like another poster here, we do real estate litigation and sometimes it’s helpful to cite a long line of precedent.

I cited a case from the 1890s to set the standard for equitable remedy to obtain discovery from a non-party.

I’ve cited the Federalist Papers in a brief in Federal Court. I forget the precise issue but it was one of constitutional interpretation. I knew the judge, like me, is a big fan of revolutionary history so I knew he’d appreciate it. The opposing attorney scoffed at my reference during the hearing and the judge gave him a rebuke, which made my heart swell three times :)

The case was so old, I can’t remember. (Joke).

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