Henry Toland v. Horatio Sprague’s Empirical Analysis

Citation profile

81 federal appellate · 32 district · 18 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 333 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The circuit court of each district sits within and for that district, and is bounded byits local limits. Whatever maybe the extent of their jurisdiction over the -subject-matter of suits, in respect to persons and property, it can only be exercised within the limits of the district. Congress might have authorized civil process from any circuit court to have run into any state of the Union. It has not done so. It has not in terms authorized any original civil process to run into any other district, with the single exception of subpoenas for witnesses, within a limited distance. In regard to final process, there are two cases, and two only, in which writs of execution can now, by law, be served in any other.district than that in which the judgment was rendered,— one, in favor of private persons, in another district of the same state; and the other, in favor of the United States, in any part of the United States. We think that the opinion of the legislature is thus manifested to be that the process of a circuit court cannot be served without the district in which it is established without the special authority of law therefor.””

   3 later decisions quote this exact passage · from the majority
   e.g. Treadwell v. Seymour · Staunton v. Wooden

2. ““Any suit mentioned in the next preceding section shall desire to remove such suit from a state court to the circuit court of the United States, he * * * may make and file a petition in such suit in such state court before or at the term at which said cause could he first tried and before the trial thereof for the removal of such suit into the circuit court to be held in the district where such suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such circuit court, on the first day of its then next session, a copy of the record in such suit, and for paying all costs that may be awarded by the said circuit court, if said court shall hold that such suit was wrongfully or improperly removed thereto, and also for their appearing and entering special ball in such suit, if special bail was originally requisite therein, it shall then be the duty of the state court to accept said petition and bond, and proceed no further in such suit, and any hail that may have been originally taken shall be discharged; and the said copy being entered as aforesaid in said circuit court of the United States, the cause shall then proceed in the same manner as if it had been originally commenced in the said circuit court””

   1 later decision quote this exact passage
   e.g. Wabash Western Ry. v. Brow

3. ““Now. if the case were one of a want of jurisdiction in the court, it would not, according to well-established principles, be competent for the parties, by any act of theirs, to give'it. But that is not the case. The court had jurisdiction over the parties and the matter in dispute. The objection was, tiiat the party defendant not being an inhabitant of Pennsylvania, nor found therein, personal process could not reach him, and that the process of attachment could only be properly issued against a party under circumstances which subjected him to process in personam. How, this was a personal privilege or exemption which it was competent for the party to waive. The cases of Pollard v. Dwight, 4 Cranch. 421 , and Barry v. Foyles, 1 Pet. 311 , are decisive to show that, after the appearance and plea, the ease stands as if the suit were brought in the usual manner. And the first of these cases proves that exemption from liability to process--and that In ease of foreign attachment, too— is a personal privilege which may be waived; and that appearing and uleading will produce that waiver. ””

   1 later decision quote this exact passage · from the majority
   e.g. Kansas City & T. R. v. Interstate Lumber Co.