Guarantee Co. of North America v. Mechanics' Sav. Bank & Trust Co.’s Empirical Analysis
80 F. 766 · 1896
Citation profile
16 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 30 later decisions (4 by the Supreme Court) — most recently May 1964 · most notably Guaranty Co. v. Pressed Brick Co. (1903), Knoxville Water Company v. Mayor and Aldermen of the City of Knoxville (1906)
16 federal appellate · 3 district · 1 state decisions
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 Gerling v. Baltimore Ohio R Co · Thompson v. Phenix Ins Co of Brooklyn N Y · Moulor v. American Life Insurance · Reynes v. Dumont · Imperial Fire Insurance v. Coos County
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Therefore it could not be removed as a separable controversy by the guarantee company, when Schardt (the teller) was its codefendant, against the objection of the plaintiff. Of course, the plaintiff could, if it chose, at any time dismiss Schardt’s representative from the suit, and make it a several suit against the company. By making no objection to the removal, by making no motion to remand, and by proceeding to trial without protest, and taking a separate judgment against the guarantee company, we must hold that it consented to a- severance of the joint action into two several actions,— one against Schardt, which seems to have remained in the state court or to have been dismissed, and the other against the guarantee company, of which the court below might properly take jurisdiction on the ground of diverse citizenship. Of course, consent cannot give jurisdiction to the federal court over an action not cognizable therein; but when it is cognizable, as its form is joint or several, and a party has the option to treat it as either, we think, in order to maintain the jurisdiction when it has been exercised without objection from him, that he should be held to have elected to treat the action as several as of the time when the removal was effected.””
1 later decision quote this exact passage
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.