Jones v. Gould’s Empirical Analysis
149 F. 153 · 1906
Citation profile
12 federal appellate · 5 district ·
How this case has been cited
Cited by 20 later decisions (1 by the Supreme Court) — most recently December 1949
12 federal appellate · 5 district ·
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 Arndt v. Griggs · St Louis Ry Co v. McBride · Jellenik v. Huron Copper Mining Co. · Greeley v. Lowe · Shainwald v. Lewis
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In my judgment this section was only intended to reach those suits in equity in which it has sought to enforce some pre-existing iien or claim, legal or equitable, upon or to some specific property, real or personal, and not cases in which it is sought to reach and appropriate the general property of a defendant to the payment of his debts.””
2 later decisions quote this exact passage · from the majority““We are of opinion that under no reasonable interpretation of the eighth section can the plaintiffs’ ease be held to belong to the class of exceptional cases mentioned in that section. In no just sense cari their cause of action be said to constitute ‘a claim to’ real property in the district They cannot be regarded as having a ‘claim to’ (he leased land 'or premises on which the alleged nuisance is maintained. It may bo that what (lie defendant is charged with doing creates a nuisance. It may also be that the defendant, company wrongfully uses and has used its property in Tennessee in such way as to seriously injure the property of plaintiffs, near by in Georgia, and that plaintiff's are legally entitled by some mode of proceeding in some court to have the alleged nuisance abated, and their property in Georgia protected in the manner asked by them. But it does not follow that they can invoke the authority of the Circuit Court of the United States for the protection of their property against the defendant’s acts. The jurisdiction of the Circuit Courts is determined by acts of Congress enacted in pursuance of the Constitution. Apart from the powers that are inherent in a judicial tribunal, after such tribunal has been lawfully created, the Circuit Courts can exercise no jurisdiction not conferred upon them by legislative enaciinent. It is quite sufficient now to say, without discussion, that it would be a most violent construction of the eighth section of the act of 1875 to ho”
1 later decision quote this exact passage““The statute contemplates that the action in which substituted, service of process may be made must be one which relates to ‘the title to real or personal property within the district,’ language which imports a localized subject, further, the action must be one to enforce some right in it, or to remove some obstruction to the enjoyment of it. It does not concern the rights to 'property which is intangible and transitory.””
1 later decision quote this exact passage · from the majority
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.