State v. Hathaway’s Empirical Analysis
1893
Citation profile
4 federal appellate · 2 district · 50 state decisions
How this case has been cited
Cited by 57 later decisions — most recently July 1967 · most notably Hawker v. People of New York (1898), Meffert v. State Board of Medical Registration & Examination (1903)
4 federal appellate · 2 district · 50 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 Flournoy v. City of Jeffersonville · Purcell v. Goshorn · People v. Phippin · Ex parte Spinney · State ex rel. Granville v. Gregory
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A judicial duty within the meaning of the Constitution is such a duty as legitimately pertains ■ to an officer in the department designated by the Constitution as judicial. And we can but commend in this connection the language of the same court in Flournoy v. City, 17 Ind. 169 , -‘An act is none the less ministerial because the person performing it may have to satisfy himself that the state of facts exists under which it is his right and duty to perform the act.’ This rule is one quite familiar in this State. It is one that governs sheriffs and constables in making levies, and has been applied to the Secretary of the State in determining the sufficiency of a certificate under the election law. State ex rel. v. Lesueur, 103 Mo. 253 .””
1 later decision quote this exact passagee.g. Ex Parte Lewis““Where the subject-matter of the negative averment lies peculiarly within the knowledge of the other party, the averment is taken as true, unless disproved by that party. Such is the case in civil or criminal prosecutions for a penalty for doing an act which the statutes do not permit to bo done by any persons, except those who are duly licensed therefor; as, for selling liquors, exercising a trade or profession, and the like.””
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.