Schwab v. Coleman’s Empirical Analysis
145 F.2d 672 · 1944
Citation profile
21 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 31 later decisions — most recently July 1992 · most notably Internatio-Rotterdam, Inc. v. Thomsen (1955), Mastrapasqua v. Shaughnessy (1950)
21 federal appellate · 4 district · 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
Applies 8 U.S.C. § 501
Relies on Adams v. United States Ex Rel. McCann · Roche v. Evaporated Milk Ass'n · McClellan v. Carland · Tutun v. United States · Luria v. United States
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under the law the burden is on the petitioner to establish good moral character only during the five-year period, not earlier. Petition of Zele, 2 Cir., 127 F.2d 578; United States v. Clifford, 2 Cir., 89 F.2d 184; United States v. Rubia, 5 Cir., 110 F.2d 92; In re Aldecoa, D.C.Idaho, 22 F. Supp. 659, 661. And it has consistently been construed liberally so as to sanction forgiveness after the expiration of five years from the date of a disbarring misdeed. In re Trum, D.C.W.D.Mo., 199 F. 361; In re Centi, D.C.W.D.Tenn., 217 F. 833; In re Guliano, D.C.S.D.N.Y., 156 F. 420; United States v. Mirsky, D.C.S.D.N. Y., 17 F.2d 275; In re Nagy, D.C.S.D. Tex., 3 F.2d 77; Application of Polivka, D. C.W.D.Pa., 30 F.Supp. 67. See, also, In re Schlau, 2 Cir., 136 F.2d 480.”
1 later decision quote this exact passage · from the majoritye.g. Application of Murra“It is well settled that a court given power of review may by mandamus compel the court over which it is given such power to exercise its jurisdiction so that the power of review may not be defeated. See Roche v. Evaporated Milk Ass'n, 319 U.S. 21 , 25, 63 S.Ct. 938, 87 L.Ed. 1185; Adams v. United States, ex rel. McCann, 317 U.S. 269 , 273, 63 S.Ct. 236, 87 L.Ed. 268, 143 A.L.R. 435; McClellan v. Carland, 217 U.S. 268 , 279, 280, 30 S.Ct. 501, 54 L.Ed. 762; In re Pennsylvania Co., 137 U.S. 451 , 452, 11 S.Ct. 141, 34 L.Ed. 738; United States v. Malmin, 3 Cir., 272 F. 785.”
1 later decision quote this exact passage · from the majority“The statute in its general provisions requires five years residence and proof of good character and attachment to the Constitution during such period [citing statute]; and there is nothing in the provision as to naturalization of aliens which requires proof with respect to matters prior to such five year period.”
1 later decision quote this exact passage · from the majoritye.g. Application of Murra
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.