Elliott Co v. Ferdinand Toeppner’s Empirical Analysis
187 U.S. 327 · 1902
Citation profile
76 federal appellate · 16 district · 1 state decisions
How this case has been cited
Cited by 115 later decisions (7 by the Supreme Court) — most recently July 1970 · most notably Luria v. United States (1913), First National Bank of Chicago v. Chicago Title Trust Company (1905)
76 federal appellate · 16 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.
Appellate journey
reviewedthe decision below (from Sixth Circuit Court of Appeals)
Relationships
Relies on Mueller v. Nugent · William Parsons v. Bedford Breedlove · George West Co v. Lea · Matteson v. Dent · Dower v. Richards
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 115 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Two modes only were known to the common law to re-examine such facts, lo wit: The granting of a new trial by the court where the issue was tried, or to which the record was returnable; or, secondly, by the award of a venire facias de novo by an appellate court for some error of law which intervened in the proceedings. All suits which are not of equity or admiralty jurisdiction. whatever may be the peculiar form which they may assume to settle legal rights, are embraced in that provision. It means not merely suits which the common law recognized among its settled proceedings, but all suits in which legal rights are to be determined in that modes in contradistinction to equitable rights and to cases of admiralty and maritime jurisdiction, and it does not refer to the particular form of procedure which may be adopted.””
1 later decision quote this exact passage · from the majority““The Supreme Court of the United States, the Circuit Courts of Appeals •of the United States, and the Supreme Courts of the territories, in vacation in chambers and during their respective terms, as now or as they may be hereafter held, are hereby invested with appellate jurisdiction of controversies arising in bankruptcy proceedings from the courts of bankruptcy from which they ha^e appellate jurisdiction in other eases.” U. S. Comp. St. 1901, p. 3431.”
1 later decision quote this exact passage · from the majoritye.g. In re Mueller““Xo fact tried by a. jury shall he otherwise re-examined in any court of tiie United ¡States, than according to the rules of Ore common law.””
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.