Graves v. Corbin’s Empirical Analysis

Citation profile

45 federal appellate · 27 district · 17 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 204 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * If, in any suit removed from a state court to a Circuit Court of the United States, it shall appear to the satisfaction of said Circuit Court, at any time after such suit has been removed thereto, that it does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court, it shall proceed no further therein, but shall remand the suit to the court from which it was removed, as justice may require, this court has held that when it appears to this court that the case is one of which, under that provision, the Circuit Court should not hare taken jurisdiction, it is the duty of this court to reverse any judgment given below, and remand the cause with costs against the party who wrongfully invoked the jurisdiction of the Circuit Court. Williams v. Nottawa, 104 U. S. 209 [ 26 L. Ed. 719 ]. This rule has been recognized by this court to the extent even of taking notice of the want of jurisdiction in the Circuit Court, although the point has not been formally raised in that court or in this court, in Turner v. Farmers’ Loan & Trust Co., 106 U. S. 552 , 555 [ 1 Sup. Ct. 519 , 27 L. Ed. 273 ]; Mansfield, etc., Railroad v. Swan, 111 U. S. 379 , 386 [ 4 Sup. Ct. 510 , 28 L. Ed. 462 ]; Farmington v. Pillsbury, 114 U. S. 138 , 144 [ 5 Sup. Ct. 807 , 20 L. Ed. 1141 , and King Bridge Co. v. Otoe Co., 120 U. S. 225 , 226 [ 7 Sup. Ct. 552 , 30 L. Ed. 623 ].””

   2 later decisions quote this exact passage
   e.g. Bane v. Keefer · Charroin v. Romort Mfg. Co.

2. ““There is but a single cause of action, and that is the equitable execution of a judgment against the property of the judgment debtor. This cause of action is not divisible. Each of the defendants may have a separate defense to the action, but we have held many times that separate defenses do not create separate controversies, within the meaning of the removal act.””

   1 later decision quote this exact passage
   e.g. Colburn v. Hill

3. ““That where a suit is entered upon the docket of a circuit court as removed on the ground of the diverse citizenship of the parties, and was never in law removed, no amendment of the record made in the circuit court can affect the jurisdiction of the state court, or put the case rightfully on the docket of the circuit court as of the date when it was so docketed.””

   1 later decision quote this exact passage
   e.g. Murphy v. Payette Alluvial Gold Co.