Spalding v. Manasse’s Empirical Analysis
131 U.S. 65 · 1889
Citation profile
44 federal appellate · 1 state decisions
How this case has been cited
Cited by 49 later decisions (2 by the Supreme Court) — most recently April 1991 · most notably Four Hundred and Forty-Three Cans of Frozen Egg Product v. United States of America (1912), White v. United States (1931)
44 federal appellate · 1 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 Bond v. Dustin · Dundee Mortgage & Trust Investment Co. v. Hughes
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is in the record what purports to be a special finding of the facts by the court. But the record does not show that tho parties, or their attorneys of record, filed with the clerk a stipulation in writing waiving a jury, as required by section 649 of the Revised Statutes of the United States. The recital in the record that ‘both parties, in open court, having waived a jury, and agreed to trial before the court,’ does nor show a compliance with section 649. The following recitals in the record have been held insufficient for this purpose: “The issue joined hy consent is tried by the court, a jury being waived,’ and ‘the above cause coming on for trial, by agreement of parties, by the court, without the intervention of a jury,’ and ‘the parties having stipulated to submit üie case for trial by the court without the intervention of a jury,’ and ‘said cause being tried by the court without a jury, by agreement of parties,’ and ‘upon the trial of this cause before the Hon. S. H. Treat, sitting as circuit judge, a jury being waived by both parties.’ * * .* The sufficiency of the facts found by the lower court to support the judgment can only be considered by this court when a jury has been waived in writing, as provided in section 619. When a jury has not been thus waived, tho facts found by the lower court cannot be noticed by the appellate court for any purpose, and the case stands as though the judgment of the lower court had been rendered on the general verdict of a jury”
1 later decision quote this exact passage
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.