Stevens v. Clark’s Empirical Analysis

Citation profile

20 federal appellate · 1 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The action was one at law, to recover damages upon a contract for the delivery of ice. The case was tried before a jury in January, 1803, and a verdict rendered for the plaintiff on'January 13, 1893, for $4,397.97. On February 20, 1893, a motion for a new trial was overruled, and judgment entered for the plaintiff upon the verdict. On April 19th an appeal was prayed for and allowed. The case was argued upon the merits on October 5, 1893, without any objection being raised as to the jurisdiction of this court to hear the case. It was afterwards discovered by the court that no writ of error had ever been prayed for or issued, and, the attention of counsel being called to the fact, argument was had and briefs were filed on the question whether or not this court could take jurisdiction of the case by consent, without a writ of error ever having been issued. If it could, then the objection on this ground must be considered as waived by the parties having argued and submitted the case upon the merits without objection. “We are of opinion that this court has not obtained jurisdiction of the case, and that the appeal must be dismissed. The appropriate' and only mode of bringing cases of law for review before this court is a writ of error. An appeal is applicable only in chancery cases. This distinction is obvious, and has been steadily observed and maintained by the United States Supreme Court for a century. Equity cases must be brought up by appeal, which brings up the entire recor”

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

2. ““The writ of error is not brought in the legal meaning of the term until It Is filed in the court which rendered the judgment. It is the filing of the writ that removes the record from the inferior to the appellate court, and the period of limitation prescribed by the act of Congress must be calculated accordingly. The day on which the writ may have been issued by the clerk or the day on which it is tested are not material in deciding the question.””

   1 later decision quote this exact passage · from the majority
   e.g. Old Nick Williams Co. v. United States

3. ““To give the appellate court jurisdiction of a writ of error, the writ musi be issued and filed with the court below within the time prescribed by (he law, and this requirement cannot be waived by the parties.””

   1 later decision quote this exact passage
   e.g. Blaffer v. New Orleans Water Supply Co.