Dennison v. Drown’s Empirical Analysis

Citation profile

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

1. ““It having been made to appear to this court * * * that from prejudice or local influence the petitioners for removal could or would not be able to obtain justice in the state courts, and the order for the removal of the suit having been then made, it would not he proper now to receive or consider counter affidavi* •• denying the existence of any such prejudice or local influence, and thus raise an issue on the fact. The court, in the exercise of a legal discretion, having been satisfied with the prima facie showing made by the petitions for removal and accompanying affidavits, its action in ordering1 the removal cannot he properly called in question, or be set aside thereafter upon affidavits disputing the fact of the existence of prejudice or local influence. There is no requirement in the statute that the opposing side shall have notice of the application to remove on that ground, and he allowed an opportunity to he heard thereon. It would, perhaps, he the better practice to give the opposite party notice of the application to rcunve before action thereon by this court; hut that is a matter resting in the discretion of the court, aud not a matter of right. It would, however, be a most anomalous pro reeding to have an issue made up and tried as to the existence of prejudice or local influence after it had been mack? ‘to ajtpear to this court,’ in a legal way, that from prejudice or local influence the party applying for removal would not he able to obtain justice in the sta”

   2 later decisions quote this exact passage
   e.g. Walcott v. Watson · Bonner v. Meikle