Kitchen v. Randolph’s Empirical Analysis
93 U.S. 86 · 1876
Citation profile
22 federal appellate · 8 district · 10 state decisions
How this case has been cited
Cited by 75 later decisions (10 by the Supreme Court) — most recently May 1961 · most notably Village Creek Homeowners Assn. v. Public Utilities Commission (1961), Tinkoff v. United States (1936)
22 federal appellate · 8 district · 10 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 Jeremian Van Rensselaer v. Philip Kearney · Atherton v. Fowler · Railroad Company v. Bradleys · Board of Commissioners v. Gorman
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In any case where a writ of error may be a supersedeas, the defendant may obtain such supersedeas by serving the writ of error, by lodging a copy thereof for the adverse party in the clerk’s office where the record remains, within sixty days, Sundays exclusive, after the rendering of the judgment complained of, and giving the security required by law on the issuing of the citation. But if he desires to stay process on the judgment, he may, having served his writ of error as aforesaid, give the security required by law within sixty days after the rendition of such judgment, or afterward with the permission'of a justice or judge of the appellate court. And in such cases where a writ of error may be a supersedeas, execution shall not issue until the expiration of the said term of sixty [ten days] days.””
3 later decisions quote this exact passagee.g. McCarley v. McGhee · Sanborn v. Bay““We are * * * of opinion that, under the law as it now stands, the service of a writ of error, or the perfection of an appeal within 60 days, Sundays exclusive, after the rendering of the judgment or the passing of the decree complained of, is an indispensable prerequisite to a supersedeas, and that it is not within the power of a justice- or judge of the appellate court to grant a stay of process on the judgment or decree, if this has not been done.”'”
3 later decisions quote this exact passage““The revised section is not silent as to the writ, and it is said when it must be served. If the supersedeas is asked for when the writ is obtained, the writ must be sued out and served within sixty days, and the requisite bond executed when the citation is signed. The policy of the old law is thus restored, the only modification being in the extension of timé allowed for action. Sixty days are given instead of ten.””
1 later decision quote this exact passagee.g. McCarley v. McGhee
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.