Fiske v. Wallace’s Empirical Analysis

Citation profile

8 federal appellate · 2 state decisions

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

1. ““The plaintiff’s motion to amend the conclusions of law and the judgment in his favor having been filed after the judgment defendants had taken their appeal did not operate to retain the case in the jurisdiction of the district court or to extend the time for appeal to the judgment plaintiff. After the judgment defendants had appealed, he has the right to take a cross appeal or to file his motion (within time) in the trial court and within time limited by statute for appeal from the judgment apply to this court to remand the case for consideration of his motion to modify. Isgrig v. United States, supra [ 109 F.2d 131 (4th Cir. 1940)]. The difficulty here is that the trial court had, by the taking of the appeal, lost jurisdiction to consider and determine the motion before the motion was filed. But Mr. Wallace [the plaintiff] could not extend the time for his appeal merely by his motion filed after the defendants’ appeal had been taken.” 115 F.2d 1005 .”

   1 later decision quote this exact passage · from the majority
   e.g. Dolbeer v. Harten

2. “. . . the mere existence of plaintiff's right to proceed under Rule 52(b) . . . did not deprive the judgment defendants of the right to take an appeal accorded them by the statute.”

   1 later decision quote this exact passage · from the majority
   e.g. Kelley v. Bank Building & Equipment Corp. of America