Kelly v. Calhoun’s Empirical Analysis
95 U.S. 710 · 1877
Citation profile
9 federal appellate · 3 district · 22 state decisions
How this case has been cited
Cited by 61 later decisions (1 by the Supreme Court) — most recently March 2016 · most notably Connecticut Mut Life Ins Co v. Spratley (1899), John Roller v. Stephen Holly (1900)
9 federal appellate · 3 district · 22 state decisions — followed in 15 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 Carpenter v. Dexter
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Instruments like this should be construed, if it can be reasonably done, ‘ut res magis valeat quam pereat.’ It should be the aim of Courts, in eases like this, to preserve and not to destroy.””
2 later decisions quote this exact passage““Form of certificate of acknowledgment. — (a) If the acknowledgment be made before a county clerk or deputy, or clerk and master, or notary public, or before any of the officers out of the state who are commissioned or accredited to act at the place where the acknowledgment is taken, and having an official seal, viz: those named in §§ 66-22-103 and 66-22 — 104, and, also, any consular officer of the United States having an official seal, such officer shall write upon or annex to the instrument the following certificate, in which he shall set forth his official capacity: State of Tennessee, ) County of_) Personally appeared before me, (name of clerk or deputy) clerk (or deputy clerk) of said county, (bargainor’s name), the within named bargainor, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained. Witness my hand, at office, this_day of_, 19_ (b) Or, in the alternative, the following certificate, in case of natural persons acting in their own right: State of Tennessee, ) County of_) On this_day of_, 19_, before me personally appeared_, to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed. (c) Or, in case of natural persons acting by attorney: State of Tennessee ) County of-) On this — day of _, 19_, before me personally appeared_, to me known to be the person who e”
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.