In the Matter of Albertn Moore an Infant by Next Friend’s Empirical Analysis

Citation profile

111 federal appellate · 152 district · 17 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 461 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As we have seen in this ease, the defendant applied for a removal of the case to the federal court. Thereby he is foreclosed, from objecting to its jurisdiction. In like manner, after the removal had been ordered, the plaintiff elected to remain in that court, and he is, equally with the defendant, precluded from making objection to its jurisdiction.””

   9 later decisions quote this exact passage · from the majority
   e.g. Lawrence v. Southern Pac. Co. · Katalia Co. v. Rones

2. ““A corporation cannot change its residence or its citizenship. It can have its legal home only at the place where it is located by or under the authority of its charter; but it may by its agents transact business anywhere, unless prohibited by its charter or excluded by local, laws. Under such circumstances, it seems clear that it may, for the purpose of securing business, consent to be ‘found’ away from home, for the purposes of suit as to matters growing out of its transactions. The act of Congress prescribing the place where a person may be sued is not one affecting the general jurisdiction of the courts. It is rather in the nature of a personal exemption in favor of a defendant, and it is one which he may waive. If the citizenship of the parties is sufficient, a defendant may consent to be sued-anywhere he pleases, and certainly jurisdiction will not be ousted because he has consented. Here the defendant companies have provided that they can be found in a district other than that in which they reside, if a particular mode of proceeding is adopted, and they have been so found. In our opinion, therefore, the Circuit Court had jurisdiction of the causes, and should proceed to hear and decide them.””

   3 later decisions quote this exact passage · from the majority
   e.g. Matarazzo v. Hustis · Farmers' & Merchants' Bank v. Federal Reserve Bank

3. ““In my judgment, section 1, in cases where litigants are citizens of different states, confers jurisdiction only on the Circuit Court of the district of the plaintiff’s residence and the Circuit Court of the district of the defendant’s residence. And it is not conferred on the Circuit Court of the district of neither of them, and cannot be even by consent. If this were not so, as Mr. Justice Harlan said in Bors v. Preston, 111 U. S. 255 [ 4 Sup. Ct. 407 , 28 L. Ed. 419 ], ‘it would be in the power of the parties by negligence or design to invest those courts with a jurisdiction expressly denied to them,’ or where, it may also be said, such jurisdiction was not expressly conferred. This view was expressed, in Ex parte Wisner, 203 U. S. 449 [ 27 Sup. Ct. 150 , 51 L. Ed. 264 ], and although it is true that the proposition need not have been there announced, because in that case it was correctly decided that there was not a consent to the jurisdiction by both parties, yet the rule was so laid down, and the result of the opinion in this case is to disapprove of and overrule In re Wisner, so far as that proposition is concerned; and as I adhere to that view I dissent””

   3 later decisions quote this exact passage · from the dissent
   e.g. Louisville & N. R. v. Western Union Telegraph Co. · Park Square Automobile Station v. American Locomotive Co.