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Sheldon v. Sheldon’s Empirical Analysis

1926

Citation profile

22
cited by 22 later decisions
3
states following
May 1990
most recently cited

21 state decisions

How this case has been cited

Cited by 22 later decisions — most recently May 1990

21 state decisions

5019261930194019501960197019801990decided

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 Pennoyer v. Neff · In re the Release or Relinquishment of the Right of Dower of Martin · McGuinness v. McGuinness · Clough v. McDonald · Crowell v. Botsford

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “As to mandatory and directory statutes, it is said that when the provision of an act is the essence of the thing required to be *Page 554 done it is mandatory; otherwise, when it relates to form and manner, and where an act is incident, it is directory merely. Bouv. L. Dict. ( Rawle's 3d rev. ) 3130. The essence of the provision under consideration is service, not time of service; the latter is rather an incident of the main purpose, except that service must be made in time to prevent any curtailment of the period allowed after the return day for filing an answer. The word `shall' is to be construed as merely permissive when no public benefit or private right requires it to be given an imperative meaning.”
    1 later decision quote this exact passage
  2. “when the provision of an act is the essence of the thing required to be done it is mandatory; otherwise, when it relates to form and manner, and where an act is incident, it is directory,”
    1 later decision quote this exact passage
  3. “negative words restraining him from doing it afterwards.”
    1 later decision quote this exact passage

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.