Flanders v. Tweed’s Empirical Analysis

Citation profile

43 federal appellate · 1 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 875, title 28 USCA, provides: “When an issue of fact in any civil cause in a district court is tried and determined by the court without the intervention of a jury, according to section 773 of this title, the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed upon a writ of error or upon appeal; and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment.” Section 773, referred to in the section above quoted as amended, now reads as follows : “Issues of fact in civil cases in any district court may be tried and determined by the court, without the intervention of a jury, whenever the parties, or their attorneys of record, agree to waive a jury by a stipulation in writing filed with the clerk or by an oral stipulation made in open court and entered in the record. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury.””

   2 later decisions quote this exact passage
   e.g. Wright v. United States · Bank of Waterproof v. Fidelity & Deposit Co.

2. ““The defendants, without having excepted to any of the rulings or conclusions of the court or requested any special findings of fact, sued out, in September, a writ of error from the Circuit Court of Appeals. * * * “The assignment of errors challenges the affirmance of the judgment because of the action of the District Court * * * in making various other ‘holdings’ and ‘findings’ in reference to matters of law and fact. * * * “Section 700 of the Revised Statutes * * * — re-enacting a like provision in the Act of March 3, 1865, c. 86 — provides that when an issue of fact in a civil cause is tried and determined by the court without the intervention of a jury, according to section 649, ‘the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed’ upon writ of error; ‘and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment.’ “ * * * And it is settled by repeated decisions, that in the absence of special findings, the general finding of the court is conclusive upon all matters of fact, and prevents any inquiry into the conclusions of law embodied therein, except in so far as the rulings during the progress of the trial were excepted to and duly preserved by bill of exceptions, as required by the statute. * * • * To obtain a review by an appellate court of the conclusions of law a party must either obtain f”

   1 later decision quote this exact passage
   e.g. Wright v. United States

3. “"In the present case it is apparent the parties below supposed that they had made up a case, according to the practice in Louisiana, from the finding •of the facts by the court, that would entitle them to a re-examination of it here; but as the court did not make it up, and file it, as of the date of the trial and judgment, it cannot be regarded as a part of the record; and under the circumstances, the case being an important one, and intended to be carried up here for re-examination, we shall reverse the judgment for a mistrial, and remand it to the court below for a new trial.””

   1 later decision quote this exact passage · from the majority
   e.g. Ladd & Tilton Bank v. Lewis A. Hicks Co.