Commissioner of Patents v. Whiteley’s Empirical Analysis

Citation profile

22 federal appellate · 2 district · 9 state decisions

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

1. ““The court cannot entertain an appeal from the decision of one of the secretaries, nor revise his judgment in any case where the law authorizes him to exercise judgment or discretion, nor can it, by mandamus, act directly upon an officer, or guide or control Ills judgment or discretion in a matter committed to Ms care in the ordinary exercise of his official duties. Hie interference of the court with the performance of the ordinary duties of the executive department would be productive of nothing lmt mischief. We are quite satisfied that no such power was ever intended to be given to them.””

   1 later decision quote this exact passage · from the majority
   e.g. Dudley v. James

2. “mandamus would clearly lie to compel the Commissioner to receive it. It was. his first duty to receive the application. Whatever he might do subsequentiy, without this initial step there could be\no examination, and, indeed, no rightful knowledge of the subject on his part. Examination and the exercise of judgmént, with, their proper fruit, were to follow, and they did follow.”

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Steinmetz v. Allen

3. “that there should be a remedy to enforce every right”

   1 later decision quote this exact passage
   e.g. Salt Lake Tribune Publishing Co. v. AT & T Corp.