Memphis v. Berry’s Empirical Analysis
Citation profile
3 federal appellate · 2 district · 40 state decisions
How this case has been cited
Cited by 64 later decisions (5 by the Supreme Court) — most recently March 2021 · most notably Julian v. Central Trust Co. (1904), People v. . O'Brien (1888)
3 federal appellate · 2 district · 40 state decisions — followed in 26 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 Morgan v. Louisiana · Railroad Company v. Georgia · Louisville v. Palmes · Central Railroad and Banking Company v. Georgia · Wilson v. Gaines
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The essential properties of corporate existence are quite distinct from the franchises of the corporation. The franchise of being a corporation belongs to the corporators, while the powers and privileges, vested in and to be exercised by the corporate body as such, are the franchises of the corporation.””
2 later decisions quote this exact passage““The - franchise of becoming and-being a corporation, in its nature,-is incommunicable by the act of the parties and incapable of passing -by- assignment. ‘The franchise to be a corporation,’ said Hoar, J., in Commonwealth v. Smith, 10 Allen, 448 , 455 [ 87 Am. Dec. 672 ], ‘dearly cannot be -transferred by any -corporate body of its own will. -iSuch a franchise is not, in its own nature, transmissible.’ In Hall v. Sullivan R. R. Co. [Fed. Cas. No. 5,948] 21 Law Rep. 138 , 2 Redf. Rail. Cas. 621; 1 Brunner. Collected Cases, 613, Mr. justice Curtis said.: “The franchise to be a corporation is therefore not a subject of sale and transfer, unless the law, by some positive provision, has made it' so, and pointed out fhe modes in which such sale and transfer may be effected.””
1 later decision quote this exact passagee.g. Levy v. Reed““ This salutary rule of interpretation is founded upon an obvious public policy, which regards such exemptions as in derogation of the sovereign authority and of common right, and, therefore, not to be extended beyond the exact and express requirement of the grants construed strictis-simi juris.””
1 later decision quote this exact passage
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.