Gilbert v. David’s Empirical Analysis
235 U.S. 561 · 1915
Citation profile
241 federal appellate · 84 district · 55 state decisions
How this case has been cited
Cited by 587 later decisions (11 by the Supreme Court) — most recently October 2023 · most notably McNutt v. General Motors Acceptance Corp. (1936), St Paul Mercury Indemnity Co v. Red Cab Co (1938)
241 federal appellate · 84 district · 55 state decisions — followed in 16 states
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 Barry v. Edmunds · Margaret Williamson v. Katherine Osenton · Morris v. Gilmer · Globe Refining Company v. Landa Cotton Oil Company
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 587 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is not necessary that a man should determine never to come back, either temporarily or permanently, in order to lose his residence * * * ‘If a person has actually removed to another place, with an intention of remaining there for an indefinite time, as a place of present domicil, it becomes his place of domicil, notwithstanding he may entertain a floating intention to return at some future period.’ ””
3 later decisions quote this exact passage · from the majority“* * while the court might have submitted the question to the jury, it was not bound to do so; the parties having adduced their testimony, pro and con, it was the privilege of the court, if it saw fit, to dispose of the issue upon the testimony which was fully heard upon that subject.”
2 later decisions quote this exact passage · from the majority““ ‘If a person has actually removed to another place, with an intention of remaining there for an indefinite time, and as a place of fixed present domicil, it is to be deemed his place of domicil, notwithstanding he may entertain a floating intention to return at some future period.’ ‘The requisite animus is the present intention of permanent or indefinite residence in a given place or country, or, negatively expressed, the absence of any present intention of not residing there permanently or indefinitely.’ [citations omitted] * * * * * * “It is apparent from all the testimony that the plaintiff may have had, and probably did have, some floating intention of returning to Michigan after the determination of certain litigation and the disposition of his property in Connecticut, should he succeed in disposing of it for what he considered it worth. But, as we have seen, a floating intention of that kind was not enough to prevent the new place, under the circumstances shown, from becoming his domicil. It was his place of abode, which he had no present intention of changing; that is the essence of domicil.””
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.