Upton v. McLaughlin’s Empirical Analysis
105 U.S. 640 · 1881
Citation profile
16 federal appellate · 7 district · 13 state decisions
How this case has been cited
Cited by 55 later decisions (9 by the Supreme Court) — most recently April 1992 · most notably Pinney Dock & Transport Co. v. Penn Central Corp. (1988), Rosenthal v. Walker (1884)
16 federal appellate · 7 district · 13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Bailey Assignee v. Glover et al. · Storm v. United States · Beaver v. Taylor · Gifford v. Helms
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is contended that a petition which shows upon its face that the cause of action is barred by a statute of limitation, is a petition which does not state facts sufficient .to constitute a cause of action; and that that objection, though not taken by demurrer or answer, may be taken at any time. But we are of opinion that the statutory provisions referred to cannot properly be construed as allowing the defence of a bar by a statute of limitation to be raised for the first time in an appellate court, even though the petition might have been demurred to as showing on its face that the cause of action is so barred, and thus as not stating facts sufficient to constitute a cause of action.”
1 later decision quote this exact passage · from the majority“no suit, either at law or in equity, shall be maintainable in aiiy court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.”
1 later decision quote this exact passage · from the majority“is of such a character as to conceal itself,”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.