Raiche v. Foley’s Empirical Analysis

Citation profile

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The appellee contends that at the time of filing the petition for rehearing involved in this controversy, appeal had been taken and was pending in this court, and for supporting authority cites Bakelite Corp. et al. v. National Aniline & Chemical Co. et al., 2 Cir., 83 F.2d 176 ; Jensen et al. v. Lorenz et al., 68 App.D.C. 39 , 92 F.2d 992 ; and United States ex rel. White v. Coe, 68 App.D.C. 218 , 95 F.2d 347 , and argues that: “It is text-book law and nothing more than common sense that ‘An intermediate appellate court which has rendered the decision has no power to grant a rehearing after the case has been removed to a higher court.’ 4 Corpus Juris Secundum, Appeal and Error, p. 2038, § 1437; 4 Corpus Juris, p. 636, Sec. 2513. “Appellee points out that in the Clement v. Richards v. Meissner case, supra [1904 C.D. 321], strongly relied upon by appellant, the petition for rehearing was filed before the notice of appeal and that in the Goddard case, supra [Goddard v. Ordway, 101 U.S. 745 , 25 L.Ed. 1040 ], appeals under the statute were allowed by the intermediate court, which is a different situation from that where the appeal is taken from the Board of Appeals under the existing statutory authority. Attention is further directed to the fact that in the Goddard case the bar to considering the petition for rehearing had been removed by granting a motion to vacate the allowance of appeal. Appellee points out that appellant has not attempted to withdraw his appeal from the sai”

   1 later decision quote this exact passage
   e.g. In re Allen