Smith v. Sherman’s Empirical Analysis
349 F.2d 547 · 1965
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 14 later decisions — most recently June 1983
11 federal appellate ·
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 28 U.S.C. § 1291
Relies on Catlin v. United States · Brown Shoe Co. v. United States · Collins v. Miller · Bostwick v. Brinkerhoff · Keystone Manganese & Iron Co. v. Martin
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although findings of fact as to the validity of the paper held by Mike Sherman has [sic] been made in the cases at bar, no final judgment was entered on that issue. The legal effect of the Court’s holding regarding that issue is that it had no jurisdiction to “enter personal judgment against the makers of the notes” held by Sherman. The only effect the purported judgment appealed from could possibly have in the cases at bar is that of a threshold determination to define Mike Sherman’s position in these cases prior to the court below going on to a final determination of the issues joined in this interpleader suit on their merits. In effect, all the Dis trict Court has decided is that Sherman has a claim * * * and that he is properly a party to this suit. It has not decided that such claim is to prevail over the other claim asserted in the interpleader action.”
1 later decision quote this exact passage · from the majority“We think it clear from the record before us that the instant matter presented for review manifestly is not a final decision within the ambit of § 1291, Title 28, supra, and all which is presently submitted in these appeals are to be related to an interlocutory order, merely one step in the process of reaching a final determination of the merits involved in an interpleader action.”
1 later decision quote this exact passage · from the majority“A `final decision' generally is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.”
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.