Shedd v. Fuller’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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The right of removal is purely statutory, and the jurisdiction of the state court •remains undisturbed until a proper petition and bond are presented to that court for its judicial action. It is not sufficient to present the petition and bond to the clerk, who is the court’s mere ministerial officer. While it is dear that the right of removal does not depend upon the action or nonaction of the state court, it is equally clear that the state court cannot be deprived of its right to decide for itself upon the sufficiency of the petition- and bond. The presentation of a proper petition and bond to the state court for its action -is a jurisdictional prerequisite.””

   1 later decision quote this exact passage
   e.g. Bahls v. Welfare Loan Soc. of La Fayette

2. ““The petition should be presented to the state court, and opportunity given that court to act. In this case the petition was presented to the clerk of the state court, and filed by him, and a certified copy immediately made and given the defendant. The court never had its attention called to the petition. This is not the proper practice indicated by the statute granting removals from the state court, or recognized by the United States supreme court.””

   1 later decision quote this exact passage
   e.g. Williams v. Massachusetts Ben. Ass'n