Horner v. United States’s Empirical Analysis
147 U.S. 449 · 1893
Citation profile
8 federal appellate · 17 district · 66 state decisions
How this case has been cited
Cited by 131 later decisions (5 by the Supreme Court) — most recently March 2016 · most notably Federal Communications Commission v. American Broadcasting Co. (1954), Public Clearing House v. Coyne (1904)
8 federal appellate · 17 district · 66 state decisions — followed in 21 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.
Appellate journey
reviewedthe decision below (from Second Circuit Court of Appeals)
Relationships
Relies on Cohens v. Virginia · Horner v. United States · Commonwealth v. Weight · Kohn v. . Koehler
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 131 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he element of certainty [went] hand in hand with the element of lot or chance,”
4 later decisions quote this exact passage · from the majority“large or small, in the future, soon or late, according to the chances of the wheel's disclosures. The investment may run one year or it may run thirty *Page 832 years, according to the decision of the wheel. It cannot be said this is not a species of gambling, and that it does not tend in any degree to promote a gambling spirit and a love of making gain through the chance of dice, cards, wheels, or other method of settling a contingency. It certainly cannot be said that it is not in”
2 later decisions quote this exact passage · from the majority““Nor shall any newspaper, circular, pamphlet, or publication oí any kind containing any advertisement of any lottery or gift enterprise oí any kind offering prizes dependent upon lot or chance, * * * be carried in the mail or delivered by any postmaster or letter-carrier. Any person who shall knowingly deposit or cause to be deposited, or who shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of this section, or who shall knowingly cause to be delivered by mail anything herein forbidden to be carried by mail, shall be deemed guilty of a misdemeanor, and on conviction shall be punished,’’ etc.”
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.