Kellogg v. Winchell’s Empirical Analysis
273 F. 745 · 1921
Citation profile
20 federal appellate · 7 district · 16 state decisions
How this case has been cited
Cited by 47 later decisions — most recently August 1996 · most notably Evans v. Ockershausen (1938), Continental Casualty Co. v. Kelly (1939)
20 federal appellate · 7 district · 16 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 Barnes v. Alexander · Eva Ingersoll v. Joseph a Coram a H · McGowan v. Parish · In re Paschal · Dunn v. Hudson River Electric 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This is a proceeding in equity, where forms may be disregarded. He [Fletcher] may, therefore, if he desires, prosecute the appeal, the same as if he had formally intervened, for the purpose of having his interest in the litigation determined. Whatever he does, however, must be done on his own account, for he has no longer any right to represent Kellogg. That right was terminated by the latter’s letter revoking his authority. [Citing cases.] To say that Kellogg had a right to put an end to his authority to represent him is quite different from saying that the court is not required to aid Kellogg in doing so. The brief filed on behalf of Kellogg may be considered from now on as Fletcher’s brief. If Fletcher elects to proceed as just indicated, he must signify his intention to do so by a writing filed within ten days from the handing down of this opinion. If he does so elect, the motion of the appellees to dismiss will be overruled; if he does not, the motion will be sustained, and the appeal dismissed, without further action of the court, at appellant’s cost.””
1 later decision quote this exact passagee.g. In Re Grimes' Estate“trend of the modern decisions of the court ... to protect the right of the attorney to receive compensation for his services.”
1 later decision quote this exact passage“provided that [the lawyer] was to receive for his services a sum equal to 50 per cent. of any amount obtained by his client.”
1 later decision quote this exact passage
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.