Kessinger v. Hinkhouse’s Empirical Analysis

Citation profile

1 federal appellate ·

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * The allegation of the jurisdictional facts is quite foreign to the pleadings in the state court, and any averment of the facts giving jurisdiction here would be quite irrelevant and impertinent in the pleadings of the state court. The cause is removed upon the allegations and averments of fact as to the jurisdiction contained in the petition for removal. We must therefore, upon a motion to remand, accept the statement of the jurisdictional facts in the petition for removal as prima facie true. If they are not true, the party against whose consent the order of removal was made may contest them, by a plea in abatement to the jurisdiction. Clarkhuff v. Wisconsin, I. & N. B. Co. [C. C.] 26 Fed. 465 .””

   1 later decision quote this exact passage
   e.g. Woodall v. Clark

2. ““On a motion to remand a cause to the state court from which it was removed, the petition for removal is the basis of jurisdiction.””

   1 later decision quote this exact passage
   e.g. Woodall v. Clark