United States v. Morton’s Empirical Analysis
112 U.S. 1 · 1884
Citation profile
13 federal appellate · 3 state decisions
How this case has been cited
Cited by 41 later decisions (11 by the Supreme Court) — most recently January 1963 · most notably Boston & Maine Railroad v. Hooker (1914), Millard v. Roberts (1906)
13 federal appellate · 3 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 United States v. Tyler
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ From this review of the statutes, it cannot be doubted that, before the passage of the act of July 28, 1866, (now § 1094, Eev. Stat., which in so many words classes the cadets at West Point as a part of the army of the United States,) as well as afterwards, the corps of cadets of the .Military Academy was a part of the army of the United States, and a person serving as a cadet was serving in. the army. . . . The practical construction of the requirement of the act of 1838, that the cadet should engage to serve for-eight year's, shown by the fact that the form of the engagement in this case was to ‘ serve, in the army of the United States for eight years,’ is a circumstance of weight to show that the government, from the beginning, treated the plaintiff as serving in the army. The service for which he engaged began on the 1st of July, 1865, and the eight years ran from that time. That being his status, the acts of 1881 and 1882, in speaking of £ actual time of service in the army,’ cover the time of his service as a cadet. . • . . Under the statutes involved in the present case, a cadet at West Point is serving in the army as fully as an officer retired from active service is serving in the army, under the statutes which apply to him, so far as the question of longevity pay is concerned.””
1 later decision quote this exact passage · from the majority“There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of' their current yearly pay for each term of five years of service.”
1 later decision quote this exact passage · from the majority“Additional pay to officers for length of service, to be paid with their current monthly pay, and the actual time of service in the army or navy, or both, shall be allowed all officers' in computing their pay.”
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.