Currin v. Nourse’s Empirical Analysis
74 F.2d 273 · 1934
Citation profile
12 federal appellate · 4 district ·
How this case has been cited
Cited by 19 later decisions — most recently June 2011
12 federal appellate · 4 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 Morse v. Lewis · Ex parte N. K. Fairbank Co. · Saunders v. Piggly Wiggly Corp. · Cuddy v. Otis · Currin v. Nourse
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The section of the applicable statute (section 21 Judicial Code, title 28 USCA § 25) provides that ‘no such affidavit [an affidavit of bias and prejudice] shall be filed unless accompanied by a certificate of counsel of record that such affidavit and application are made in good faith.’ The phrase ‘counsel of record’ in the statute means an attorney at law admitted to the bar in the case. One who is not a member of the bar cannot be counsel of record even though the record on its face may show he had undertaken to appear as counsel. Since Mr. Payne was not on the date of the filing of either of the affidavits a member of the bar of the court, he could not then or at any earlier time have been counsel of record in the case for either of the affiants. The purpose of the provision of the statute requiring certificate of good faith by counsel of record is that the court may be assured that the affidavit is made in good faith through the certificate to that effect made by one who is a sworn officer of the court, regularly admitted as an attorney to practice at the bar of the court. The requirement is not technical. It is one of the essential requirements of the statute. As the affidavits were not certified to be made in good faith by counsel of record, the motions to strike 4 them for insufficiency in law were properly sustained and Judge Otis ‘having,’ as he stated, ‘no consciousness whatever of any prejudice against any of the parties or in favor of any,’ the duty to con”
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.