Wheeler Lumber Bridge & Supply Co. v. United States’s Empirical Analysis

Citation profile

13 federal appellate · 6 district · 17 state decisions

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

1. ““This is a new provision. Similar provisions have permitted particular federal courts to certify questions to this Court, but this provision is the first giving such authority to the Court of Claims. “There are two reasons why a certification by that court which embraces the whole case cannot be entertained by this Court. One is that to accept such a certification and proceed to a determination thereon, in advance of a decision by that Court, would be an exercise of original jurisdiction by this Court contrary to the constitutional provision which prescribes that its jurisdiction shall be appellate in all cases other than those affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party. Article 3, § 2, cl. 2. The other is that the statute permits a certification only of ‘definite and distinct questions of law.’ “Even the restricted certification permitted by the statute invokes action which is rather exceptional in the appellate field. But that such action is appellate is now settled. Early and long-continued usage amounting to a practical construction of the constitutional provision requires that it be so regarded.””

   2 later decisions quote this exact passage · from the majority
   e.g. Douglas Oil Co. v. State · Ex Parte Taylor

2. “not part of the sale but preliminary to it and wholly the vendor’s affair.”

   1 later decision quote this exact passage · from the majority
   e.g. Graves v. Texas Co.