John Graham v. Alexander Bayne’s Empirical Analysis
59 U.S. 60 · 1855
Citation profile
42 federal appellate · 2 state decisions
How this case has been cited
Cited by 67 later decisions (9 by the Supreme Court) — most recently December 1988 · most notably Davis v. Schwartz (1895), City of St Louis v. Western Union Tel Co (1893)
42 federal appellate · 2 state decisions
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 Seaman Field v. The United States · Dulles v. Jones · John Arthurs John Nicholson Jonas McClintock and William Stewart Carrying on Business Under the Firm and Name of Arthurs Nicholson and Co v. Jesse Hart · James Stimpson v. The Baltimore and Susquehanna Railroad Company
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The findings of the court under these sections are treated as a special verdict, and are gauged by the rules applicable to them (Norris v. Jackson, 9 Wall. 125 , 19 L. Ed. 608 ; Insurance Co. v. Copelin, 9 Wall. 461 , 467, 19 L. Ed. 739 ; Wayne Co. v. Kennicott, 103 U. S. 554 , 26 L. Ed. 486 ); and, as was said in Graham v. Bayne, 18 How. 60 , 63, 15 L. Ed. 265 , if a special verdict be ambiguous or imperfect,—if it find but the evidence of facts, and not the facts themselves, or finds but part of the facts in issue, and is silent as to others,—it is a mistrial, and the court of error must order a venire de novo.””
1 later decision quote this exact passage · from the majority““Counsel may agree, as in this case, to submit both fact and law to the ■decision of the court. * * * If the parties agree to submit the trial both of fact and law to the judge, they constitute him an arbitrator, or referee, whose award must be final and conclusive between them; but no consent can constitute this court appellate arbitrators. * * * The record exhibits the testimony and evidence laid before the judge. It is evidence of facts, but not the facts themselves as agreed or found.””
1 later decision quote this exact passage · from the majority““The Circuit Courts may adopt the forms of pleading and practice of the State courts, but no state legislation can be applied to * * * the mode in which causes shall be brought into it (Supreme Court) for review.””
1 later decision quote this exact passage · from the majority
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.