Benedict v. Seiberling’s Empirical Analysis

Citation profile

3 federal appellate · 6 district · 4 state decisions

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

1. ““2. Affiant states that the Honorable Charles E. Woodward, before whom the above action is to be tried or heard, has a personal bias or prejudice in favor of the defendants herein, particularly the City of Chicago, and the facts upon which affiant bases said allegation of prejudice are as follows: “3. The government of the defendant, City of Chicago, is controlled by the Democratic Party, one of whose leaders and controlling persons is Edward J. Kelly, Mayor of the City of Chicago; that the milk ordinance involved in this case was passed during the term of said Edward J. Kelly as Mayor of the City of Chicago and is commonly called, and in fact is so designated by the defendant members of the Board of Health of the City of Chicago and by the City of Chicago itself in the published copies of said ordinance,- as the “Mayor Kelly Milk Ordinance” and said members of the Board of Health are appointed by and under the domination, direction, influence and control of said Edward J. Kelly. “4. That said Edward J. Kelly is candidate for re-election as Mayor of the City of Chicago, at the election to be held April 4, 1939 in said City and is the candidate of the Democratic Party for said office; and controls and dominates all of the defendants herein and all of the attorneys of said defendants; and affiant was informed on or about the 11th day of March, 1939, and verily believes, that persons and firms financially interested in preventing the sale and distribution of milk in paper contai”

   1 later decision quote this exact passage · from the majority
   e.g. Fieldcrest Dairies, Inc. v. City of Chicago

2. “"Quite true it is that the judge has no concern in presiding on the trial of any particular case, and no litigant has any right to have a particular judge try his case; but every litigant under the Constitution and laws has the right to insist that his case be tried by the regular judge, if he is holding the court, unless he is shown to be disqualified, and it is essential to the orderly administration of justice and the integrity of the Constitution that judges appointed under it to administer its judicial power shall not be wrongfully driven from the judgment seats in any case. * * *"”

   1 later decision quote this exact passage · from the majority
   e.g. Demers v. Gerety