Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.’s Empirical Analysis

Citation profile

38 federal appellate · 4 district · 2 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The conclusion we have reached is in the line of the relief intended by ■Congress to be afforded suitors whose rights are affected by temporary submission to an inconclusive decree. The right to appeal at that stage of the cause is optional. If one affected by the action of the court in allowing, dissolving,* or continuing an injunction, see fit, he may await a final decree, and then appeal. But if he elects to appeal, with the result that another inconclusive decree is rendered, his last estate is no better than his first, for he must proceed with the cause, and submit until he can again appeal. The statutory purpose was to save the litigants from being obliged to submit to the injury incident to an inconclusive decree, and to all the expense of an accounting. But if, after an appeal, resulting in an inconclusive affirmance, he must still proceed with an accounting, which, after all, may prove unnecessary, the statute will have amounted to little. The doctrine of res adjudicata rests upon the maxim that there should be an end to litigation. No doctrine rests upon sounder principles of public policy, or is more entitled to a wide application. If, under an appeal from a decree awarding an injunction, this court obtains such a record as to enable it, with justice to the parties to the appeal, to hear and consider the merits of the cause, it would be most anomalous if we have not thq power to decide. The judicial function •of considering involves the function of determining. Th”

   1 later decision quote this exact passage · from the majority
   e.g. Australian Knitting Co. v. Gormly

2. ““Quite another question would arise if, on an appeal from such an order, ijtfs court, upon the record, should conclude, not only that no case was exhibited for a. preliminary injunction, but also that the bill could not be entertained for any purpose. In such a situation, shall it refuse to determine ilie case on the merits, and refuse to direct the lower court to dismiss the bill? Must it coniine itself to a mere expression of opinion that the discretion of the court had been erroneously exercised, and permit a fruitless suit to be prosecuted to a final decree, ultimately to end in dismissal? Cleatly, the court ought not to idly sit, and merely advise the counsel and lower court, but should, if it has jurisdiction, and it has .before it a sufficient record to enable it to do justice, pronounce a judgment upon the merits, and direct the inferior court to do what it originally ought to have done.””

   1 later decision quote this exact passage · from the majority
   e.g. Mayor of Knoxville v. Africa

3. ““Where a preliminary injunction is allowed upon a prima facie showing, and without the determination of the merits, this court will ordinarily, on an appeal, consider only the question as to whether, on the prima facie case made, there has been an abuse of discretion. Such preliminary injundions are ordinarily intended only to operate pendente lite, or until a hearing oo the merits can be had. They are granted upon a mere summary showing upon affidavits. Their issuance is not a matter of right, and rests in the sound discretion of the judge.””

   1 later decision quote this exact passage · from the majority
   e.g. Mayor of Knoxville v. Africa