Smeed v. Carpenter’s Empirical Analysis
274 F.2d 414 · 1960
Citation profile
5 federal appellate · 1 state decisions
How this case has been cited
Cited by 11 later decisions — most recently December 1989
5 federal appellate · 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
Applies 7 U.S.C. § 181 (Packers and Stockyards Act) · 7 U.S.C. § 201 · 7 U.S.C. § 202
Relies on Stafford v. Wallace · Kenney v. Fox · Black, Sivalls & Bryson, Inc. v. Shondell · Hartford Accident & Indemnity Co. v. Baldwin · 132 F. Supp. 305 - Kenney v. Fox
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellee claims that it did raise the defense by the fourth defense in its answer by the allegation “That the complaint fails to state a claim upon which relief may be granted,” which is the language suggested by Form 20 accompanying the Federal Rules of Civil Procedure. The statement of a defense in such general terms suffices where “a single, definite, and certain question” is thereby presented. [Citations omitted.] But here the alleged defect in the complaint was not apparent and the defense should have been supported with sufficient particularity to apprise the court of the defect. [Citations omitted.] The failure of appellee to bring to the trial court’s attention the particulars upon which it relied in its assertion that the complaint failed to state a claim upon which relief could be granted constitutes a waiver of its right to rely on that defense. 274 F.2d at 418 (Emphasis supplied.)”
1 later decision quote this exact passage · from the majority“Then this bond shall be null and void, otherwise to remain in full force and virtue. 6”
1 later decision quote this exact passage · from the majoritye.g. Smeed v. Carpenter“* * * before the close of the next business day following the sale * * *”
1 later decision quote this exact passage · from the majoritye.g. Smeed v. Carpenter
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.