Hewitt v. Filbert’s Empirical Analysis
116 U.S. 142 · 1885
Citation profile
34 federal appellate · 7 state decisions
How this case has been cited
Cited by 61 later decisions (14 by the Supreme Court) — most recently June 1934 · most notably Credit Co. v. Arkansas Central Railway Co. (1888), Jacobs v. George (1893)
34 federal appellate · 7 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 The United States v. Thomas Curry · Sage v. Railroad Co. · Grigsby v. Purcell · Dodge v. Knowles
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It must be regarded as settled that: (1) Where an appeal is allowed in open court, and perfected during the' term at which the decree or judgment appealed from was rendered, no citation is necessary. (2) Where the appeal is allowed at the term of the decree or judgment, but not perfected until after the term, a citation is necessary to bring in the parties; but if the appeal be docketed here at our next ensuing term, or the record reaches the clerk’s hands seasonably for that term, and legal excuse exists for lack of docketing, a citation may be issued by leave of this court, although the time for taking the appeal has elapsed. (3) Where the appeal is allowed at a term subsequent to that of the decree or judgment, a citation is necessary, but may be issued properly returnable, even after the expiration of the time for taking the appeal, if the allowance of the appeal were before. (4) But a citation is one of the necessary elements of an appeal taken after the term, and if it is not issued and served before the end of the next ensuing term of this court, and not waived, the appeal becomes inoperative.””
1 later decision quote this exact passage · from the majority“The judicial allowance of an appeal in open court at the term in which the decree has been rendered is sufficient notice of the taking of ah appeal.'. Security is only for the due prosecution of the appeal. The citation, if security is taken out of court, or after the term, is only necessary to show that the appeal which was allowed in term has not been abandoned by the failure to furnish the security before the adjournment. It is not jurisdictional. Its only purpose is notice. If by accident it has been omitted, a motion to dismiss an appeal allowed in open court, and at the proper term, will, never be granted until an opportunity to give the requisite notice has been furnished; and this, whether the motion was made after the expiration of. two years from the rendition of the decree or before.”
1 later decision quote this exact passage · from the majoritye.g. Richardson v. Green
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.