Morris v. Gilmer’s Empirical Analysis
129 U.S. 315 · 1889
Citation profile
119 federal appellate · 94 district · 25 state decisions
How this case has been cited
Cited by 456 later decisions (38 by the Supreme Court) — most recently September 2012 · most notably Erie Co v. Tompkins (1938), McNutt v. General Motors Acceptance Corp. (1936)
119 federal appellate · 94 district · 25 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 Mansfield Ry Co v. Swan · Grace v. American Central Insurance · Metcalf v. City of Watertown · King Bridge Co. v. Otoe County
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 456 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that the plaintiffs below, against whose objection the error was committed, do not complain of being prejudiced by it, and it seems to be an anomaly and a hardship that the party at whose instance it was 'committed should be permitted to derive an advantage from it; but the rule, springing from the nature and limits of the judicial power of the United States, is inflexible and without exception which requires this court, of its own motion, to deny its own jurisdiction, and, in the exercise of its appellate power, that of all other courts of the United States, in all cases where such jurisdiction does not affirmatively appear in the record on which, in the exercise of that power, it is called to act.”
6 later decisions quote this exact passage · from the majority““And the statute does not prescribe any particular mode in which such fact may be brought to the attention of the court. It may be done by affidavits, or the depositions taken in the cause may be used for that purpose.””
6 later decisions quote this exact passage · from the majoritye.g. Hewitt v. Story · Simon v. House“it shall appear to [its] satisfaction ... that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of”
5 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.