Clark v. Wells’s Empirical Analysis

Citation profile

33 federal appellate · 36 district · 24 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 136 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the jurisdiction of the state court was terminated by the removal, that court had seized upon the attached property, with the right to hold it to answer such judgment as might be rendered. In the absence of personal service, the state statute provided for publication of notice of the pendency of the suit. If the defendant failed to appear, the court might proceed to render a judgment, which would permit the attached property to be sold for its satisfaction. To render such a judgment in the absence of an appearance and defense, the state court had only to require the statutory notice to the defendant when its proceedings were interrupted by the removal to the federal court on the application of the defendant. The federal court thus acquired jurisdiction of a cause of wMeh the defendant had notice, as appears by Ms petition for removal and the action of the state court invoked by Mm. The defendant, it is true, had not been personally served with process or submitted his person to the jurisdiction of either the state or federal court. But he did not attack the validity of the attachment proceedings, which appear to be regular and in conformity to the law of the state. There was no necessity of publication of notice in the federal court in order to warn tlie defendant of the proceeding; he knew of it, and to a qualified extent had appeared in it.””

   1 later decision quote this exact passage · from the majority
   e.g. Hoosier Veneer Co. v. Trusts & Guarantee Co.

2. ““Tiae transfer of the cause to the United States court gave the latter court control of the case as it was when the state court was deprived of its jurisdiction. * * * The defendant had a right to remove to the federal court, hut it is neither reasonable nor consonant with the federal statute, preserving the lien of the attachment, that the effect of such removal shall simply be to dismiss the action wherein the state court had acquired jurisdiction by the lawful seizure of the defendant’s property within the state.””

   1 later decision quote this exact passage · from the majority
   e.g. Hudson Nav. Co. v. Murray

3. ““Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court.””

   1 later decision quote this exact passage · from the majority
   e.g. Bower v. Garnier Construction Co.