Sheppard v. Graves’s Empirical Analysis

Citation profile

27 federal appellate · 6 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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although, in the courts of the United States, it is necessary to set forth the grounds of their cognizance as courts of limited jurisdiction, yet wherever jurisdiction shall bo averred in the pleadings, * * * it must be taken prima facie as existing; and * * * it is incumbent on him who would impeach that jurisdiction for causes dehors the pleading, to allege and prove such causes; that the necessity for the allegation, and the burden of sustaining it by proof, both rest upon the party taking the exception.””

   3 later decisions quote this exact passage · from the majority
   e.g. Cuthbert v. Galloway · Gilmer v. City of Grand Rapids

2. ““The incongruities in practice, which mark the progress of this case in the court below, are much to bo regretted, as having a tendency to confound the proceedings in courts of justice: i>roceedings calculated to define and distinguish the lights of parties litigant, and to conduct the courts to a correct adjudication upon’those rights; proceedings indeed founded upon, and as it were sanctified by, an experience of their usefulness, and even of their necessity. Thus it has ever been received as a canon of pleading that matters which appertain solely to the jurisdiction of a court, or to the disabilities of the suitor, should never be blended with questions which enter essentially into the subject-matter of the controversy, and that all defenses involving inquiries into that subject-matter imply, nay admit, the competency of the parties to institute such inquiries, and the authority of the court to adjudicate upon them. Hence it is that pleas to the jurisdiction or in abatement, are deemed inconsistent with those which appertain to the merits of a cause; they are tried upon different views as to the relations of the parties, and result in different conclusions. A striking illustration of the mischief's flowing from the departure from the rule just stated is seen in the practice attempted in the case before us. If it could be imagined that the plea to the jurisdiction a.nd the plea to the merits could be regularly committed to the jury at the same time, the verdict might inv”

   1 later decision quote this exact passage · from the majority
   e.g. Philadelphia & Reading Coal & Iron Co. v. Kever

3. ““Although in the courts of the United States it is necessary to set forth the grounds of their cognizance as courts of limited jurisdiction, yet, wherever jurisdiction shall be averred in the pleadings, in conformity with the laws creating those courts, it must be taken prima facie as existing, and that it is Incumbent on him who would impeach that jurisdiction for causes dehors the pleading to allege and prove such causes; that the necessity for the allegation and the burden of sustaining it by proof both rest upon tbe party taking the exception.””

   1 later decision quote this exact passage · from the majority
   e.g. Big Sespe Oil Co. v. Cochran