Shepherd v. Ware’s Empirical Analysis
1891
Citation profile
18 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 1950
18 state decisions — followed in 10 states
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
Relies on Pennoyer v. Neff · Arndt v. Griggs · Boswell's Lessee v. Otis · United States Tr. Co. of New York v. . U.S. Fire Ins. Co. · Henry Hollingsworth v. Philip Barbour
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is conceded that constructive or substituted service may be authorized by the state, and resorted to in all actions or proceedings touching real property which are properly denominated actions or proceedings in rem. Such are actions to partition real estate, proceedings to enforce the collection of taxes against lands, and for the condemnation of land: Pennoyer v. Neff, 95 U. S. 714, 727 . Actions quia timet in respect to land, to remove a cloud, or to determine adverse claims, are equitable in their nature, and, strictly speaking, equity acts upon the person, and not upon the property; and in these actions the judgment affects the claim or title to the land, and they are not strictly actions in rem. But they concern real estate lying within the jurisdiction of the court, and the state may clothe the court with full power to inquire and adjudicate as to its status, title, and ownership; and it is now well settled, that, as respects the procedure provided, and the constructive service of notice, by publication, upon non-resident defendants at least, actions of this kind are to be classed with actions in rem: Arndt v. Griggs, 134 U. S. 316, 322-326 (10 Sup. Ct. Rep. 557) ; Lane v. Innes, 43 Minn. 137 ( 45 N. W. Rep. 4 ). The question is, not what a court of equity, under its general powers as such, may do, but what the state may authorize in actions to adjudicate the title to real estate. Thus it is said in Boswell v. Otis, 9 How. 336, 348 , 350: ‘It is immaterial whether t”
1 later decision quote this exact passagee.g. Phillips v. Tompson““The legislature may, in its discretion, provide for substituted service in case of necessity, or where personal notice is for any reason impracticable, in an action where the controversy relates to property which is within the jurisdiction of the court; and with a reasonable exercise of such legislative discretion the courts will not assume to interfere.””
1 later decision quote this exact passage
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.