Hill v. Walker’s Empirical Analysis
167 F. 241 · 1909
Citation profile
16 federal appellate · 4 district ·
How this case has been cited
Cited by 28 later decisions (2 by the Supreme Court) — most recently May 1955 · most notably McNutt v. General Motors Acceptance Corp. (1936), Gilbert v. David (1915)
16 federal appellate · 4 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 Barry v. Edmunds · Indianapolis and St Louis Railroad Company v. Horst · Southern Pac Co v. Denton · Morris v. Gilmer · Wetmore v. Rymer
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Neither party has the right, however, without pleading at the proper time and in the proper way, to introduce evidence the only puipose of which is to make out a ease for dismissal. The parties cannot call on the court to go behind the averments of citizenship in the record, except by a plea to the jurisdiction or some other appropriate form of proceeding. The case is not to be tried by the parties as if there was a plea to the jurisdiction, when no such plea has been filed, The evidence must be directed to the issues, and it is only when facts material to the issues show there is no jurisdiction that the court can dismiss the case upon the motion of either party.””
1 later decision quote this exact passage · from the majority““Here the jurisdictional facts are properly alleged in the complaint, and there is no showing in the evidence which can create even a suspicion of fraud upon the jurisdiction of the court, and the objection is raised in an appellate court by a defeated party who presented the issue obscurely under a general denial and refrained from directly raising the question in the trial while he speculated upon the result of the litigation. Under such circumstances, surely, this court is not justified in reversing the judgment when there is a general finding supporting jurisdiction.””
1 later decision quote this exact passage · from the majority““The proper allegation of jurisdictional facts, prima fade, was true. Simply to deny that ’» * * Shirk was a citizen o£ Indiana would not show a want of jurisdiction. He may havo been a citizen of some other state than Illinois, whereof plaintiff in error was a citizen. That * * * Shirk was a. citizen of Illinois was a material and necessary allegation. It was an affirmative averment, the burden of proving which, even under a proper plea in abatement, would have fallen on plaintiff in error.’3”
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.