American Surety Co. v. Shulz’s Empirical Analysis
237 U.S. 159 · 1915
Citation profile
13 federal appellate ·
How this case has been cited
Cited by 26 later decisions (8 by the Supreme Court) — most recently August 2013 · most notably International Association of Machinists v. Central Airlines Inc (1963), Jackson Transit Authority v. Local Division 1285, Amalgamated Transit Union (1982)
13 federal appellate ·
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 Tennessee v. Union & Planters' Bank · Albert Shulthis v. D a McDougal · Metcalf v. City of Watertown · Tullock v. Joab Mulvane · Sonnentheil v. Christian Moerlein Brewing Co.
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The judgment and the bond were wholly distinct, and arose out of different laws — one out of the common law; the other out of a law of the United States. When the amount of Whitcomb’s liability for breach of contract had been adjudged by the federal court, the plaintiff was entitled, at once, to enforce payment by levy and sale. The laws of the United States, however, intervened and gave to the defendant a mean's of preventing immediate collection and possibly of defeating the judgment. This delay, which was helpful to the defendant, was granted by a federal statute on condition that he would file a bond with surety conditioned to pay the plaintiff in the event the defendant failed to make good his appeal. If that appeal was not made good, the plaintiff’s right of action likewise arose out of a federal statute. A court of the United States had jurisdiction to determine whether there had been a breach of the condition and, if so, the extent of plaintiff’s rights and of the defendant’s liability under such law.””
1 later decision quote this exact passage · from the majoritye.g. Wilkinson v. Walker““This conclusion would be correct if the suit is to be treated as an ordinary action on a sealed instrument voluntarily given.””
1 later decision quote this exact passage · from the majoritye.g. Wilkinson v. Walker“in the suit to enforce that right the measure of his recovery depended upon the construction to be given the Federal statute.”
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.