Walling v. Miller’s Empirical Analysis
138 F.2d 629 · 1943
Citation profile
27 federal appellate · 6 district · 8 state decisions
How this case has been cited
Cited by 62 later decisions (1 by the Supreme Court) — most recently April 2019 · most notably Mitchell v. Robert DeMario Jewelry, Inc. (1960), Page v. Schweiker (1986)
27 federal appellate · 6 district · 8 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
Applies 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956)
Relies on Chicot County Drainage District v. Baxter State Bank · Stoll v. Gottlieb · Swift & Co. v. United States · Venner v. Great Northern Railway Co. · Illinois Central Railroad Company v. Wirt Adams
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The law is that a decree entered by consent may be reviewed upon appeal or bill of review where there is a claim of lack of actual consent to the decree as entered; or of fraud in its procurement; or that there was lack of federal jurisdiction. But “a decree, which appears by the record to have been rendered by consent is always affirmed, without considering the merits of the cause. .. . ” ... A court which, having jurisdiction of the parties and of the subject matter, renders a consent decree, if it sustains a motion of one of the parties to vacate such decree, not only sanctions the breach of a contract but in effect becomes a party to the breach. 138 F.2d at 631 .”
1 later decision quote this exact passage · from the majority“All errors going to the merits and remediable on appeal are waived by consent to the decree. If the court entering the decree had jurisdiction both of the general subject matter and of the parties, any objection to the merits is reviewable on appeal and is not open on a motion to vacate.”
1 later decision quote this exact passage · from the majority“[s]uch a judgment is not void, even though there be gross error in the decree.”
1 later decision quote this exact passage · from the majoritye.g. Page v. Schweiker
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.