Clement v. Field’s Empirical Analysis
147 U.S. 467 · 1893
Citation profile
10 federal appellate · 14 state decisions
How this case has been cited
Cited by 32 later decisions (5 by the Supreme Court) — most recently October 1954 · most notably United States v. 243.22 Acres of Land in Town of Babylon (1942), Frank L. Young Co. v. McNeal-Edwards Co. (1931)
10 federal appellate · 14 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 Hopkins v. Lee · Washington, Alexandria, & Georgetown Steam-Packet Co. v. Sickles · Lawrence v. Hunt · Smith v. Weeks
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Another objection urged to the judgment of the court below is that the action in replevin was an action founded upon tort, and not upon contract, that a set-off can, under the Code of Kansas, only be pleaded in an action founded on contract, and that hence the defendants in the replevin suit in question could not legally plead a set-off of the damages caused by the breach of warranty. “The Supreme Court of Kansas disposed of this contention in Gardner v. Risher, 35 Kansas, 93, which, like the present, was a case wherein the plaintiff sought, by a writ of replévin, to enforce the provisions of a chattel mortgage, and the defendant set off against the notes secured by the mortgage certain damages incurred by reason of breaches of a contract. The court held that, as the plaintiff’s claim was really founded on contract, the defendant could, notwithstanding that the form of the action was replevin, avail himself, by way of set off, of damages caused by the failure of the other party to the chattel mortgage to comply with his contract.” (p. 474.)”
1 later decision quote this exact passage · from the majoritye.g. Miller v. Thayer
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.