John Beecher v. George C. Wallace’s Empirical Analysis

Citation profile

18 federal appellate · 2 district · 5 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In all cases removed from any state court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court.”

   5 later decisions quote this exact passage · from the majority
   e.g. Fischman v. Fischman · Schwartz v. Arizona Primary Care Physicians

2. “service of process (in the absence of a voluntary appearance or a conscious waiver) is an indispensible prerequisite to the court's jurisdiction to proceed,”

   2 later decisions quote this exact passage · from the majority
   e.g. Anderson v. State, Department of Highways · Dirr v. Chancery Court of Harrison County

3. “where the defendant has never been put on notice of the state court proceeding prior to removal . . . the federal court cannot “complete” the state process by permitting it to be served after removal; rather the federal court must issue new process pursuant to Rule 4 of the Federal Rules of Civil Procedure. The state court process becomes null and void on the date the action is removed to the federal court.”

   1 later decision quote this exact passage · from the majority
   e.g. Fischman v. Fischman