Avery v. . Everett’s Empirical Analysis
1888
Citation profile
8 federal appellate · 2 district · 61 state decisions
How this case has been cited
Cited by 79 later decisions — most recently March 2019 · most notably Kanter v. Barr (2019), United States v. Twelve Thousand, Three Hundred Ninety Dollars ($12,390.00) (1992)
8 federal appellate · 2 district · 61 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 Vanderzee v. Slingerland · Bowles v. . Habermann · 4 Johns. Ch. 228 - Troup v. Wood · In re Deming
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It seems to be a necessary conclusion, from the rules of the common law governing rights of property as affected by forfeiture for crime, that civil death, one of the consequences of conviction for treason or felony, did not of itself, as a general rule, at least, operate to divest the offender of his title to his lands.” (See, also, Frazer v. Fulcher, 17 Ohio, 260; Baltimore v. Chester, 53 Vt. 315 .)”
1 later decision quote this exact passagee.g. Smith v. Becker“Any one who takes the pains to explore the ancient and in many respects obsolete learning connected with the doctrine of civil death in consequence of crime, will find that he has to grope his way along paths marked by uncertain, flickering, and sometimes misleading lights; and he cannot feel sure that at some point in his course he has not missed the true road.”
1 later decision quote this exact passagee.g. Kanter v. Barr“By the ancient common law ... [t]here were three principle incidents consequent upon an attainder for treason or felony, forfeiture, corruption of blood, and an extinction of civil rights, more or less complete, which was denominated civil death.”
1 later decision quote this exact passagee.g. Kanter v. Barr
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.