Ex parte Cutting’s Empirical Analysis
94 U.S. 14 · 1876
Citation profile
101 federal appellate · 7 district · 21 state decisions
How this case has been cited
Cited by 190 later decisions (31 by the Supreme Court) — most recently April 2023 · most notably Brotherhood of Railroad Trainmen v. Baltimore & Ohio Railroad (1947), Karcher v. May (1987)
101 federal appellate · 7 district · 21 state decisions — followed in 13 states
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 Galveston Railroad v. Cowdrey · Blossom v. The Milwaukee Railroad Company · McVeigh v. United States · Bronson et al. v. La Crosse and Milwaukie Railroad Company et al.
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 190 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It was claimed by Gutting and others that they were admitted as parties to the main suit when they filed their petition therefor, and that subsequently they were in a position to demand an appeal as parties; but, as a matter of fact, the parties presenting the petition never did become parties. They filed their petition to become defendants in the suit, but it was never granted. Not only was no express order made to that effect, but there is nothing to show that, they were ever in any manner recognized as parties. We are aware that there are cases in which parties have been treated as parties to the suit after having filed the petition for leave to come in when no formal order admitting them appears on the record, but in all such cases it will be found that they have acted or have been recognized as parties in the subsequent proceedings in the case.””
1 later decision quote this exact passage · from the majority““From this it is apparent that, if one wishes to intervene and become a party to a suit in which he is interested, he must not only petition the court to that effect, but his petition must be granted; and, while it is not necessary for him to show that he has actually been admitted by an express order entered upon the record, he must at least make it appear that he has acted, or has been treated, as a party.””
1 later decision quote this exact passage · from the majority““ Only parties, or those who represent them, can appeal. The stockholders do not represent the corporation, but for some purposes the corporation, represents them.””
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.