Jackson v. Duke’s Empirical Analysis
259 F.2d 3 · 1958
Citation profile
35 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 65 later decisions — most recently October 1998 · most notably Robert Leon Jenkins, a Minor, by His Mother and Next Friend, Roberta B. Jenkins v. F. W. Averett (1970), Russell M. Smith v. John J. Cremins, Jr., John F. Mahon, Jr. (1962)
35 federal appellate · 1 district · 3 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
Applies 28 U.S.C. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bomar v. Keyes · United States v. A. H. Fischer Lumber Co. · Mohler v. Miller · Grandey v. Pacific Indemnity 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The test should be whether, on the basis of an objective standard, it is reasonable to conclude that the plaintiff had in mind a particular entity or person, merely made a mistake as to the name, and actually served the entity or person intended; or whether plaintiff actually meant to serve and sue a different person.’ [2 Moore’s Federal Practice, 2nd ed., Sec. 4.44, p. 1042].” Grandey v. Pacific Indemnity Company, 217 F.2d 27 (5th Cir. 1954), quoted in Jackson v. Duke, supra, 259 F.2d at 7 .”
2 later decisions quote this exact passage · from the majority““In an action under the civil rights statute, while state law controls as to the time within which an action must be begun, the manner in which it is commenced and when it is deemed to have begun, being procedural and not substantive, is covered by the Federal Rules of Civil Procedure.” Jackson v. Duke, 259 F.2d 3, 6 (5th Cir. 1958); quoted in 2 Moore's Federal Practice, p. 784, ¶ 3.07 [4.-3-2]; cited as controlling in McGuire v. Baker, 421 F.2d 895 (5th Cir. 1970); see O’Sullivan v. Felix, 233 U.S. 318 , 34 S.Ct. 596 , 58 L.Ed. 980 (1914).”
1 later decision quote this exact passage · from the majority““The trial court had no doubt that the defendant * * * was the party intended to be sued. Since the right party was before the court, although under a wrong name, the trial judge properly allowed the amendment to cure the misnomer. Like any other amendment under Rule 15 (c) it relates back to the date of the filing of the original complaint.” (Emphasis added.) Jackson v. Duke, supra, at 7 .”
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.