Little v. Giles’s Empirical Analysis

Citation profile

33 federal appellate · 29 district · 16 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 177 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are satisfied that by the act of 1875 Congress intended to introduce a rule that shall put a stop to all collusive shifts and contrivances for giving such jurisdiction. The language of the fifth section of that act is as follows: [After quoting the language the court continues:] Here the words ‘really’ and ‘substantially,’ and the expression ‘improperly or eollusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable,’ are very suggestive, and show that, by giving the Circuit Courts authority to dismiss or remand the cause at once, if these things are made to appear, it was the intent of Congress to prevent and put mi end to all collusive arrangements made to give jurisdiction, where the parties really interested are citizens of the same state. Of course, where the interest of the nominal party is real, the fact that others are interested who are not necessary parties, and are not made parties, will not affect the jurisdiction of the Circuit Court; but when it is simulated and collusive, and created for the very purpose of giving jurisdiction, the courts should not hesitate to apply the wholesome provisions of the law.””

   2 later decisions quote this exact passage · from the majority
   e.g. Kreider v. Cole · Cerri v. Akron-People's Telephone Co.

2. ““It is wed settled that an action of tort which might have been brought against many persons or against any one or more of them, and which is brought in a state court against all jointly, contains no separate controversy which will authorize its removal by some of the defendants into the Circuit Court of the United States, even if they file separate answers and set up dif ferent defenses from the other defendants, and allege that they are not jointly liable with them, and that their own controversy with the plaintiff is a separate one; l'or, as this court has often said, a defendant has no right to say that an action shall he several which the plaintiff seeks to make joint. A separate defense may defeat a joint recovery, but it cannot deprive a plaintiff of his right to prosecute his suit to final decision in his own way. The cause of action is the subject-matter of the controversy, and that is for all the purposes of the suit whatever the plaintiff declares it to be in his pleadings.””

   2 later decisions quote this exact passage · from the majority
   e.g. Brown v. Coxe Bros. · Lomax v. Foster Lumber Co.

3. ““But we are also satisfied that , the other ground is well taken — that the deed to Giles was eollusively made for the mere purpose of giving jurisdiction to the courts of the United States; and that for this reason the case should, have been remanded to the state court. We have examined the evidence on this subject with some care, and have come to that conclusion. Whether, under the former practice of the court, the deed to Giles, being binding between him and his grantors, Wheeler and Burr, would have been deemed sufficient to give jurisdiction to the Circuit Court, although made for the purpose of- such jurisdiction, it is not necessary to inquire. Wé are satisfied that, by the act'of 1875, Congress intended to introduce a rule that shall .put a stop to all collusive shifts and contrivances for giving such jurisdiction. The language of the fifth section of that act is as follows”

   1 later decision quote this exact passage · from the majority
   e.g. Kreider v. Cole