Graff v. Nieberg’s Empirical Analysis
233 F.2d 860 · 1956
Citation profile
22 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 37 later decisions — most recently March 2017 · most notably Dluhos v. Floating & Abandoned Vessel, Known as "New York" (1998), Hyman v. Porter (In Re Porter) (1984)
22 federal appellate · 3 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.
Relationships
Relies on McNutt v. General Motors Acceptance Corp. · Interior Const Imp Co v. Gibney · Wynne v. Boone · Choteau v. Jones
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In an act¡on jn a district court to-enforce any lien upon or claim to, or to. remove any incumbrance or lien or cloud, upon the title to, real or personal property within the district, where any defendant cannot be served witMn the- State, or does not voluntarily appear, the court may order the absent defendant to appear or plead by a day certain. “Such order shall be served on the absent defendant personally if practicable, wherever found, and also upon the person •or persons in possession or charge of :sueh property, if any. Where personal service is not practicable, the order shall be published as the court may direct, not less than once a week for six con■secutive weeks. “If an absent defendant does not appear or plead within the time allowed, the •court may proceed as if the absent defendant had been served with process within the State, but any adjudication shall, as regards the absent defendant without appearance, affect only the property which is the subject of the action. When a part of the property is within another district, but within the same state, such action may be brought in either district. “Any defendant not so personally notified may, at any time within one year after final judgment, enter his appearance, and thereupon the court shall set aside the judgment and permit such defendant to plead on payment of such costs as the court deems just..””
1 later decision quote this exact passage · from the majority““Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.””
1 later decision quote this exact passage · from the majoritye.g. Nelson v. Maiden“* * * It would seem clear that defendants, by entering their general appearance in moving to dismiss, waived any right, if they ever had any, to question jurisdiction over their persons. The right to be sued in a certain place is a matter of privilege. It may be waived.”
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.