Marks v. Marks’s Empirical Analysis

Citation profile

3 federal appellate · 9 district · 1 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““With respect to the immunities which the rights of citizenship can confer, the citizen of one state is to be considered as a citizen of each and every other state in the Union. But the privilege of suing in the tribunals of the nation caimoi. possibly depend upon the fact of general citizenship, because, if it did. the jurisdiction of those tribunals would extend to every case where citizens were parties, since a citizen of Pennsylvania, suing a citizen of the same state, might truly allege that he is himself a citizen of any other state, and that the defendant is a citizen of the state in which the suit is brought. Or every case, in which citizens are parties, might, by the same course of argument be excluded, since, it being equally true that a citizen of new Jersey, who is plaintiff, is also a citizen of Pennsylvania, the Pennsylvania defendant might plead that the plaintiff and defendant are citizens of the same state. It is plain, therefore, that citizenship, in relation to the federal judiciary, cannot he that which, has just been referred to, but must, be of that kind which identifies the party with some particular state, of which he is a member. The theory of this provision in the Constitution is the danger of partiality in the state tribunals, where the suit is between a member of the political family, where the suit is instituted, and a stranger. Citizens, in reference to federal jurisdiction, are mentioned as in opposition to each other. It is a citizen of one sta”

   1 later decision quote this exact passage · from the majority
   e.g. Hammerstein v. Lyne

2. ““A domicile once acquired is presumed to continue until it is shown to have been changed. Where a change of domicile is alleged, the him Ion of proving it rests upon the person making the allegation. To constitute the new domicile two things are indispensable: First, residence in the new locality; and, second, the intention to remain there. The change cannot be made except facto el animo. Both are alike necessary. Hither without the other is insufficient. yiere absence from a fixed home, however long continued, cannot work the change. There must be the animus io change the prior domicile for another. Until the new one is acquired, the old one remains.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Filer

3. ““To constitute citizenship of a state in relation to the Judiciary Act requires, first, residence within such state; and, second, an intention that such residence shall be permanent. In this sense, state citizenship means the same thing as domicile in its general acceptation. The act, of residence does not alone constitute the domicile of a parly, but it is the fact of residence, accompanied by an intention of remaining, which constitutes domicile. The distinction between domicile and mere residence may be shortly put as that between residence animo manendi and residence animo revertendi.””

   1 later decision quote this exact passage · from the majority
   e.g. Hammerstein v. Lyne