Bowden v. Burnham’s Empirical Analysis

Citation profile

33 federal appellate · 2 district ·

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

1. ““But the court very properly granted the plaintiffs leave to amend their complaint, * * * and it was amended. Nevertheless the plaintiff in error asserts that as the complaint, at the time the attachment was issued, did not contain the necessary jurisdictional averments, every step taken in the cause prior to the amendment was void, and that the amendment of the complaint could not impart vitality or validity to anything done before the amendment was made. This contention is wholly untenable. It is everyday practice to allow amendments of the character of those made in this case, and when-they are made they have relation to the. date of the filing of the complaint or to the issuing of the writ of process amended. When a complaint is amended, it stands as though it had originally read as amended. The court in fact had jurisdiction of the cause from the beginning, but the complaint did not contain the requisite averments to show it. In other woids, the [amended complaint] did not create or confer the jurisdiction; it only brought on the record a proper' averment of a fact showing its existence from the commencement of the suit.””

   4 later decisions quote this exact passage · from the majority
   e.g. Baltimore & O. R. v. McLaughlin · Carnegie, Phipps & Co. v. Hulbert

2. ““The theory of the plaintiff in error seems to be that the general finding in this case, like a general verdict, includes questions of both law and fact, and that by excepting to the general finding lie excepts to such conclusions of law as the general finding implies. But section 649, Ilev. St, provides that the finding of the court, whether general or special, shall have the same effect as the verdict of the jury. The general verdict of a jury concludes mixed questions of law and fact, except so far as they may be saved by some exception which the party has taken to the ruling of the court upon a question of law. * * The provision of the statute that the finding of the court shall have the same effect as the verdict of a jury cuts off the right to review in this case.””

   1 later decision quote this exact passage · from the majority
   e.g. Kentucky Life & Acc. Ins. v. Hamilton

3. ““If the verdict be a general verdict, only such rulings of the court, in the progress of the trial, can be reviewed as are presented by bill of exceptions, or as may arise on the pleadings. In'such cases a bill of exceptions cannot be used to bring up the whole testimony for review any more than in trial oy jury.” “That, if the parties desire a review of the law involved in the case, tiiey must either get the court to find a special verdict, which raises the legal propositions, or they must present to the court their propositions of law, and require the court to rule on them.” “That objection to the admission or exclusion of evidence, or 1o such rulings on the propositions of law as the parly may ask, must appear by bill of exceptions.””

   1 later decision quote this exact passage · from the majority
   e.g. Kentucky Life & Acc. Ins. v. Hamilton