Auffmordt v. Hedden’s Empirical Analysis

Citation profile

30 federal appellate · 25 district · 4 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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “His position is without tenure, duration, continuing emolument, or continuous duties, and he acts only occasionally and temporarily. Therefore, he is not an `officer' within the meaning of the clause of the constitution referred to.”

   5 later decisions quote this exact passage · from the majority
   e.g. United States of America v. Rockwell International Corp · United States v. Schlierholz

2. “The law provides that the merchant appraiser shall be familiar with the character and value of the goods in question, and it is presumed that the general appraiser will have or will acquire such expert knowledge of the goods he is to appraise as to enable him to intelligently perform his official duty with a due regard for the,rights of all parties and independently of the testimony of interested witnesses. The functions of the reappraising board are the same as those of the original appraisers. They are themselves to appraise the goods, and not to depend for their information upon the appraisement of so-called experts in the line of goods in question. . . . Appraisers are authorized to summon witnesses, but there is no authority for the public examination of such witnesses or their cross-examination by importers or counsel employed by such importers. The appraising officers are entitled to all information obtainable concerning the foreign market value of goods under consideration, but such information is not public property. It is due to merchants and others called to give such information that their statements shall be taken in the presence of official persons Only. It must often occur that persons in possession of facts which would be of value to the appraisers in determining market values are deterred from appearing or testifjnng by the publicity given to reappraisement proceedings.”

   1 later decision quote this exact passage · from the majority
   e.g. Origet v. Hedden

3. “This case does not present any question like that of substituting a new merchant appraiser for one already selected, as in Greely v. Thompson, 10 How. 225 ; nor is it a case where the appraiser did not see the original packages, as in Greely's Administrator v. Burgess, 18 How. 413 ; nor a case where it was offered to show that the merchant appraiser was not a person having the qualification prescribed by the statute, as in Oelbermann v. Merritt, 123 U. S. 356 , and in Mustin v. Cadwalader, 123 U. S. 369 ; nor a case where it was contended that the appraisers did not open, examine, and appraise the packages designated by the collector, as in Oelbermann v. Merritt; nor a case where to the admitted market value of an importation there was added such additional value as was equal to a reduction made in the valuation of the cases containing the goods, as in Badger v. Cusimano, 130 U. S. 39 . Those were instances of errors outside of the valuation itself and outside of the appraisement prescribed by the statute.”

   1 later decision quote this exact passage · from the majority
   e.g. Muser v. Magone