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← 95 F.1d 223 - Bailey v. Mosher

Bailey v. Mosher’s Empirical Analysis

95 F. 223 · 1899

Citation profile

4
cited by 4 later decisions
1
cited 1 times by the Supreme Court
June 1909
most recently cited

1 federal appellate ·

Relationships

Relies on Powers v. Chesapeake O Ry Co · Washington Co v. Coeur D'Alene Ry Nav Co · Bailey v. Mosher

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The reasonable construction of the act of Congress, and the only one which will prevent the right of removal, to which the statute declares the party to be entitled, from being defeated by circumstances wholly beyond his control, is to hold that the incidental provision as to the time must, when necessary to carry out the purpose of the statute, yield to the principal enactment as to ' the right; and to consider the statute as, in intention and effect, permitting and requiring the defendant to file a petition for removal as soon as the action assumes the shape of a removable ease in the court in which it was brought.””
    1 later decision quote this exact passage · from the majority
  2. ““The reasonable construction of the act of Congress, aiui the only one which will prevent the right of removal, to which the statede declares the party to be entitled, from being defeated by circumstances wholly beyond his control, Is to hold that the incidental provision as to the time mush when necessary to carry out the purpose of the statute, yield to the principal enactment as to the right, and to consider the statute as, in intention and effect, permitting and requiring the defendant to file a petition for removal as soon as the action assumes the shape of a removable ease in the court in which it is brought.””
    1 later decision quote this exact passage · from the majority
  3. ““open to the defendants to have filed a petition for removal for the first time when the plaintiff, by amending his petition, made it appear that the ease was one arising under the laws of the United States, and certainly the right of the defendants was not lost because the petition for removal had been filed at an earlier day.””
    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.