Shepard v. Adams’s Empirical Analysis
168 U.S. 618 · 1898
Citation profile
67 federal appellate · 24 district · 1 state decisions
How this case has been cited
Cited by 153 later decisions (19 by the Supreme Court) — most recently December 1951 · most notably United Mine Workers of America v. Coronado Coal Co (1922), Employers Reinsurance Corp. v. Bryant (1937)
67 federal appellate · 24 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
Relies on Indianapolis and St Louis Railroad Company v. Horst · Southern Pac Co v. Denton · Nudd v. Burrows · City of Lincoln v. · Chateaugay Ore & Iron Co.
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 153 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Tbe conformity is required to be ‘as near as may be’ — not as near as may be possible, or as near as may be practicable. This indefiniteness may have been suggested by a purpose: It devolved upon tbe judges to be affected tbe duty of construing and deciding, and gave tbem tbe power to reject, as Congress doubtless expected they would do, any subordinate provision in such state statutes wbicb, in tbeir judgment, would unwisely encumber tbe administration of tbe law, or tend to defeat tbe ends of justice, in tbeir tribunals.””
3 later decisions quote this exact passage · from the majority““We think it is sufficiently made to appear, by these citations from the statutes, that while it was the purpose of Congress to bring about a general uniformity in federal and state proceedings in civil cases * * * yet that it was also the intention to reach such uniformity often largely through the discretion of the federal courts, exercised in the form of general rules, adopted from time to time, and so regulating their own practice as may be necessary or convenient for the advancement of justice and the prevention of delays in proceedings.””
2 later decisions quote this exact passage · from the majority““The state code of Colorado provides that civil actions shall be commenced by the issuing of a summons or the filing of a complaint; that the summpns may be issued by the clerk of the court or by the plaintiff’s attorney. It may be signed by the plaintiff’s attorney. It may be served by a private person not a party to the suit. All writs and processes issuing from a federal court must be under the seal of the court, and signed by the clerk, and bear teste of the judge of the court from which they issue. Section 911, Rev. St. The processes and writs must be served by the marshal or by his regularly appointed deputies. Sections 787, 788, Rev. St. [U. S. Comp. St. 1901, p. 608].””
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.