Ford, Bacon & Davis, Inc., v. Volentine’s Empirical Analysis
64 F.2d 800 · 1933
Citation profile
36 federal appellate · 5 district ·
How this case has been cited
Cited by 53 later decisions — most recently November 1995 · most notably Coventry Sewage Associates v. Dworkin Realty Co. (1995), Bournias v. Atlantic Maritime Co. (1955)
36 federal appellate · 5 district ·
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 The Harrisburg · Home Ins Co v. Dick · Pritchard Ex'X v. Norton · Davis v. Mills · Mullen v. Torrance
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The jurisdiction of the court which had fully and rightly attached was not ousted thereby any more than if the suit had been for a house worth $2,000 on a lot worth $2,000 and the house had burned before trial. In cases like that supposed or like that before us it might happen that a bar had attached pending suit which would prevent success in a new action in the state courts for the lessened amount. Federal jurisdiction depends on the facts at the time suit is commenced, and subsequent changes neither confer nor devest it. This is well settled as to diversity of citizenship. Tug River [Coal & Salt Co.] v. Brigel, 6 Cir., 86 F. 818 ; Hardenbergh v. Ray, 151 U.S. 112 , 14 S.Ct. 305 , 38 L.Ed. 93 ; Clarke v. Mathewson, 12 Pet. 164 , 9 L.Ed. 1041 ; Dunn v. Clarke, 8 Pet. 1 , 8 L.Ed. 845 ; Mullen v. Torrance, 9 Wheat. 537 , 6 L.Ed. 154 . It has also been held, we think correctly, touching the amount .involved. Mutual Life Ins. Co. v. Rose, D.C., 294 F. 122 ; Cohn v. Cities Service Co., 2 Cir., 45 F.2d 687 . The case was rightly retained for trial.” [Emphasis by the Court].”
1 later decision quote this exact passage · from the majority““While ordinarily the limitations of the forum are applied as pertaining merely to the remedy, there is an exception where the cause of action is created by a foreign statute which also fixes a limitation for its assertion. The limitation is then considered to be a condition of the right, so that no recovery is allowed where recovery would be barred by the law which gives the right.” Ford, Bacon & Davis v. Volentine, 64 F.2d 800 , 802 (5th Cir. 1933).”
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.