Grace v. American Cent Ins Co of St Louis’s Empirical Analysis
Citation profile
9 federal appellate · 17 district · 51 state decisions
How this case has been cited
Cited by 149 later decisions (5 by the Supreme Court) — most recently September 2018 · most notably Moulor v. American Life Insurance (1884), Lehigh Nin Manuf'G Co v. Kelly (1895)
9 federal appellate · 17 district · 51 state decisions — followed in 25 states
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 Turner v. Bank of North America · Barnard v. Kellogg · National Bank v. Burkhardt · Railway Company v. Ramsey · Boyd v. Alabama
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 149 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the last ease it Is said (hat, ‘Where jurisdiction depends upon the citizenship of the parties, such citizenship, or the facts which in legal intendment constitute it, should be distinctly and positively averred in the pleadings, or they should appear affirmatively and with equal distinctness in other parts of the record.’ Railway Co. v. Ramsay, 22 Wall. 322 , 22 L. Ed. 823 ; Briges v. Sperry, 95 U. S. 401 , 24 L. Ed. 390 . In Brown v. Keene, 8 Pet. 112 , 8 L. Ed. 885 . it is declared not to be sufficient that jurisdiction may be inferred argumentatively from averments in the pleadings; that the averments should be positive.””
1 later decision quote this exact passage · from the majority““The memorandum is in the nature of an exception. The policy is general, extending to all losses. The memorandum excepts losses where each or all. according to fcho construction to he put upon it, are under- 31. per cent. The rule of construction as to exceptions is that they are to be taken most strongly against the party for whose benefit they are intended. The words in which they are expressed are considered as his words, and, if he do nor use words clearly to express his meaning, he is the person who ought to be the sufferer.””
1 later decision quote this exact passage · from the majority““As the jurisdiction oí the circuit court is limited, in the sense that it has no other jurisdiction than that conferred by the constitution and laws of the United ¡stales, the presumption is that a cause is without its jurisdiction, un less the contrary affirmatively appears. ” Grace v. Insurance Co., 109 U. S. 283 , 3 Sup. Ct. Rep. 207 ; Bors v. Preston, supra; Railway Co. v. Swan, supra.”
1 later decision quote this exact passage · from the majoritye.g. Simon v. House
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.