Viles v. Symes’s Empirical Analysis
129 F.2d 828 · 1942
Citation profile
27 federal appellate · 7 district ·
How this case has been cited
Cited by 46 later decisions (3 by the Supreme Court) — most recently October 1978 · most notably Collins v. Hardyman (1951), Bottone v. Lindsley (1948)
27 federal appellate · 7 district ·
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
Applies 18 U.S.C. § 596 · 28 U.S.C. § 41
Relies on Gully v. First Nat. Bank in Meridian · Smith v. Kansas City Title & Trust Co. · Albert Shulthis v. D a McDougal · Starin v. Mayor Etc of the City of New York Independent Steam-Boat Co · Gay v. Ruff
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The question of when a suit arises under the Constitution and laws of the United States, cognizable in its courts, absent diversity of citizenship, has a well defined meaning in our jurisprudence. To confer jurisdiction on the Federal court under this statute (Section 24 (1) Judicial Code [ 28 U.S.C.A. § 41 (1)]), a right or immunity created by the Constitution, or the laws of the United States, must be an element, and an essential one, of the plaintiff’s cause of action. And the right or immunity asserted must be such that it will be supported if the Constitution and laws of the United States are given one construction and effect, and defeated if they receive another. Starin v. [City of] New York, 115 U.S. 248 , 6 S.Ct. 28 , 29 L. Ed. 388 ; First National Bank v. Williams, 252 U.S. 504 , 40 S.Ct. 372 , 64 L.Ed. 690 ; Smith v. Kansas City Title Company, 255 U.S. 180 , 199, 41 S.Ct. 243 , 65 L.Ed. 577 ; Gully v. First National Bank, 299 U.S. 109 , 112, 57 S.Ct. 96 , 81 L.Ed. 70 ; Gardner v. Schaffer, 8 Cir., 120 F.2d 840 . It is said, ‘a suit to enforce a right which takes its origin in the laws of the United States is not necessarily, or for that reason alone, one arising under those laws, for a suit does not so arise unless it really and substantially involves a dispute or controversy respecting the validity, construction, or effect of such a law, upon the determination of which the result depends.’ Shulthis v. McDougal, 225 U.S. 561 , 569, 32 S.Ct. 704 , 706, 56 L.Ed. 1205”
2 later decisions quote this exact passage · from the majority
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.