Public-domain · open source
OpenJurist
← 72 F.1d 294 - Minchen v. Hart

Minchen v. Hart’s Empirical Analysis

72 F. 294 · 1896

Citation profile

17
cited by 17 later decisions
1
states following
April 1955
most recently cited

15 federal appellate · 1 state decisions

How this case has been cited

Cited by 17 later decisions — most recently April 1955

15 federal appellate · 1 state decisions

1101896190019101920193019401950decided

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 Payne v. Hook · Lehnen v. Dickson · Town of Ohio v. Marcy · Adkins v. Sloane · Adkins v. W. & J. Sloane

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

  1. ““It is not very easy to determine from this record whether the court’s finding of facts was intended to be general or special. We call attention again to the very unsatisfactory practice that obtains in some of the Circuit Courts in the trial of cases before the court without a jury. The finding in such cases may be general, like the general verdict of a jury, or it may be special, like the special verdict of a jury. When the finding is special, thei facts found should, be stated as they would be in a special verdict of a jury. In stating the facts found, no reference whatever should be made to the evidence upon which those facts are found. Neither the évidence nor any discussion of it should be injected into the ultimate finding of facts, upon which the court rests its judgment. The special finding of facts should be a clear cut statement of the ultimate facts, without importing into it the evidence, or the reasoning by which the court arrived at its finding.” Minchen v. Hart, 72 Fed. 294 , at page 295, 18 C. C. A. 570 , at page 571. “The special finding contemplated by the statute is a specific statement of those ultimate facts upon which the law must determine the rights of the parties. It corresponds to the special verdict of a jury, is equally specific and responsive to the issues, and is spread at large upon the record, as part thereof, in like manner as is such a verdict.” United States v. Sioux City Stockyards Co., 167 Fed. 126 , at page 127, 92 C. C. A. 578 , at page”
    2 later decisions quote this exact passage · from the majority
  2. ““The duty of finding che facts is placed upon the trial court. We have no authority to examine the testimony in any case, and from it make a finding of the ultimate facts.””
    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.