Mechanical Appliance Co. v. Castleman’s Empirical Analysis

Citation profile

62 federal appellate · 71 district · 8 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 230 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In cases which concern the jurisdiction of the federal courts, notwithstanding the so-called conformity act, Revised Statutes, § 914 [U. S. Comp. St. 1901, p. 684], neither the statutes of the state nor the decisions of its courts are conclusive upon the federal courts. The ultimate determination of such questions of jurisdiction is for this court alone.””

   2 later decisions quote this exact passage · from the majority
   e.g. Noel Const. Co. of Baltimore City v. George W. Smith & Co. · Compton v. Carter Oil Co.

2. ““The Circuit Court should have considered the question upon the issues of fact raised, as to the presence of the corporation in Missouri and the authority of the agent upon whom service had been attempted. It is true, as suggested by the defendant in error, that the affidavits appearing in the bill of ■exceptions are stated to have been filed, and there is no definite statement that they were offered to be read in evidence; but we think it is apparant that they were filed for that purpose. No objection appears in the record to the filing of the affidavits; on the other hand, it appears that plaintiff below also filed an affidavit. These affidavits are made a part of the record by a bill of exceptions, and we think they should have been considered upon the question of jurisdiction.””

   1 later decision quote this exact passage · from the majority
   e.g. Peper Automobile Co. v. American Motor Car Sales Co.

3. ““Notwithstanding the conformity act (section 914, Rev. St), decisions and statutes of states are not conclusive upon the federal courts in determining questions of jurisdiction. “Even if by the law of the state the sheriff’s return is conclusive, and cannot be attacked, after removal into the federal court, that court can determine whether a defendant was properly served; and if, as in this case, it appears that the corporation was not doing business in the state the court should dismiss the bill, for want of jurisdiction by proper service.””

   1 later decision quote this exact passage · from the majority
   e.g. Southern Photo Material Co. v. Eastman Kodak Co. of New York