Smith v. Apple’s Empirical Analysis
264 U.S. 274 · 1924
Citation profile
91 federal appellate · 27 district · 1 state decisions
How this case has been cited
Cited by 226 later decisions (34 by the Supreme Court) — most recently September 2014 · most notably Treinies v. Sunshine Mining Co. (1939), Toucey v. New York Life Insurance (1941)
91 federal appellate · 27 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 Kline v. Burke Construction Co. · Marshall v. Holmes · Simon v. Southern Railway Co. · Wells Fargo & Co. v. Taylor · Excelsior Wooden Pipe Company v. Pacific Bridge 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 226 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ If an appeal or writ of error has been or shall be taken to, or issued out of, any circuit court of appeals in a case wherein such appeal or writ of error should have been taken to or issued out of the Supreme Court; or if an appeal or writ of error has been or shall be taken to, or issued out of, the Supreme Court in a case wherein such appeal or writ of error should have been taken to, or issued out of a circuit court of appeals, such appeal or writ of error shall not for such reason be dismissed, but shall be transferred to the proper court, which shall thereupon be possessed of the same and shall proceed to the determination thereof, with the same force and effect as if such appeal or writ of error had been duly taken to, or issued out of, the court to which it is so transferred.””
1 later decision quote this exact passage · from the majority“is not a jurisdictional statute. It neither confers jurisdiction upon the District Courts nor takes away the jurisdiction otherwise specifically conferred upon them by the Federal statutes.” Smith v. Apple, 264 U.S. 274, 278-79 , 44 S.Ct. 311 , 68 L.Ed. 678 (1924); see Gloucester Marine Rys. Corp. v. Charles Parisi, Inc., 848 F.2d 12, 15 (1st Cir.1988) (”
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.