Carnegie, Phipps & Co. v. Hulbert’s Empirical Analysis

Citation profile

19 federal appellate · 3 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that a bond given in pursuance of some requirement of law may be valid.and binding on the parties, although not made with the formalities or executed in the mode provided by the statute under which it purports to have been given. This rule rests on the principle that, although the instrument may not conform to the special provision of the statute or regulations with reference to which the parties executed it, nevertheless it is a contract voluntarily entered into upon a sufficient consideration, for a purpose not contrary to law, and therefore it is obligatory upon the parties to it in like manner as’ any other contract or agreement is held valid at common law. Bank v. Smith, 5 Allen, 415 ; U. S. v. Bradley, 10 Pet. 357 , 9 L. Ed. 448 ; U. S. v. Linn, 15 Pet. 311 , 10 L. Ed. 742 ; U. S. v. Hodson, 10 Wall. 395 , 19 L. Ed. 937 ; Sheppard v. Collins, 12 Iowa, 570 . The bond in suit possesses all the requisites of a good common-law bond. It was voluntarily given upon a sufficient consideration for a lawful purpose, and is as obligatory on the makers as if it had conformed technically with the requirements of the act.””

   1 later decision quote this exact passage · from the majority
   e.g. Grady v. United States

2. ““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.””

   1 later decision quote this exact passage · from the majority
   e.g. Bison State Bank v. Billington

3. ““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, wheh they are made, they have relation to the date of the filing of the complaint, or the issuing of the writ or 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 words, the amendment 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.””

   1 later decision quote this exact passage · from the majority
   e.g. Baltimore & O. R. v. McLaughlin