Friederichsen v. Renard’s Empirical Analysis
247 U.S. 207 · 1918
Citation profile
102 federal appellate · 23 district · 137 state decisions
How this case has been cited
Cited by 340 later decisions (19 by the Supreme Court) — most recently April 2014 · most notably United States v. Memphis Cotton Oil Co. (1933), Louisville Co v. Central Iron & Coal Co (1924)
102 federal appellate · 23 district · 137 state decisions — followed in 29 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.
Appellate journey
reviewedFriederichsen v. Renard (from Eighth Circuit Court of Appeals)
Relationships
Relies on Missouri Kansas Texas Pailway Company v. Sallie C Wulf · Texas & Pacific Railway Co. v. Cox · Union Pac Ry Co v. Wyler · Seaboard Air Line Railway v. Renn
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 340 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At best this doctrine of election of remedies is a harsh, and now largely obsolete rule, the scope of which should not be extended . . . .”
5 later decisions quote this exact passage · from the majority““No matter what may be thought of the merit of the doctrine of election of remedies, it is a long observed and deeply entrenched rule of procedure. But, for obvious reasons, it has never been a favorite of equity and it has been specifically decided by this court that the two forms of relief pursued, before and after the amendment of the pleadings in this case, are not so inconsistent but that both may be prayed for in one bill in equity and either granted, as the evidence and the equities of the case may require. Thus, in Hardin v. Boyd, 113 U.S. 756 , 5 S.Ct. 771 , 28 L.Ed. 1141 , in a suit to annul a land contract for fraud the trial court permitted an amendment to the bill, adding a prayer in the alternative for a decree affirming the contract, granting a lien for the unpaid purchase money and for foreclosure. The decree in the case was entered on the alternative prayer.””
2 later decisions quote this exact passage · from the majority“"The cause of action is the wrong done, not the measure of compensation for it, or the character of the relief sought,” etc.”
2 later decisions 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.