United States v. Old Settlers’s Empirical Analysis
148 U.S. 427 · 1893
Citation profile
36 federal appellate · 16 district · 9 state decisions
How this case has been cited
Cited by 176 later decisions (33 by the Supreme Court) — most recently August 2017 · most notably Baker v. Carr (1962), Dames & Moore v. Regan (1981)
36 federal appellate · 16 district · 9 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 Osborn v. President Directors and Company of the Bank of the United States · Cohens v. Virginia · Ex parte McCardle · Fletcher v. Peck · Kilbourn v. Sunderland
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 176 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Resolved, That it is the sense of the Senate that interest at the rale of five per cent per annum should be allowed upon the sums found due to the Eastern and Western Cherokees, respectively, from the twelfth day of June, 1838, until paid.”
2 later decisions quote this exact passage · from the majority““The rule is well settled that where the parties interested are numerous, and the suit is for an object common to them all, some of the body may maintain a bill on behalf of themselves and of others. * * Where the parties interested in the suit are numerous, their rights and liabilities are so subject to change and fluctuation by death or otherwise that it would not be possible, without very great inconvenience, to make all of them parties, and would oftentimes prevent the prosecution of the suit to a hearing. For convenience, therefore, and to prevent a failure of justice, a. court of equity permits a portion of the parties in interest to represent the entire body, and the decree binds all of them the same as if all were before the court The legal and equitable rights and liabilities of all being before the court by representation, and especially where the subject-matter of the suit is common to all, there can be very little danger but that the interest of all will be properly protected and maintained.””
1 later decision quote this exact passage · from the majority““The Court of Claims declined to go behind the treaty of 1846, upon the ground that it was not within the province of a court, either of law or equity, to determine that a treaty or an act of Congress had been procured by duress or fraud, and declare it inoperative for that reason. Fletcher v. Peck, 6 Cranch, 87 , 130 [ 3 L. Ed. 162 ]; Ex parte McCardle, 7 Wall. 506 , 514 [ 19 L. Ed. 264 ]; People v. Draper, 15 N. Y. 545 , 555; Railroad Company v. Cooper, 33 Pa. St. 278 ; Wright v. Defrees, 8 Ind. 302 .””
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.