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← 147 U.S. 449 - Horner v. United States

Horner v. United States’s Empirical Analysis

147 U.S. 449 · 1893

Citation profile

131
cited by 131 later decisions
5
cited 5 times by the Supreme Court
21
states following
March 2016
most recently cited

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

2501893190019101920193019401950196019701980199020002010decided

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.

  1. “[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
  2. “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
  3. ““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.