United States v. Bashaw’s Empirical Analysis
152 U.S. 436 · 1894
Citation profile
13 federal appellate · 3 district · 7 state decisions
How this case has been cited
Cited by 31 later decisions (2 by the Supreme Court) — most recently July 1969 · most notably Chase v. United States (1894), Hibernia Nat. Bank v. Louisiana Tax Commission (1940)
13 federal appellate · 3 district · 7 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.
Appellate journey
reviewedthe decision below (from Eighth Circuit Court of Appeals)
Relationships
Relies on Stanton v. United States · In re Account of District Attorney · Bashaw v. United States
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But, without further remark on this branch of the ease, it must be admitted that even if the- rulings of the department were erroneous, and its practice not controlling, — upon which we express no opinion, — whateyer sum was- to be paid was left to be determined by the secretary of the treasury, as he should deem reasonable and .lust, and this involved the exercise of judgment, and discretion on his part. The courts cannot control, though in proper-cases they may direct, the exercise of judgment or discretion in an executive officer. In this case, as we have said, the exercise of discretion was not properly invoked, and the party had no right to ask the court to substitute its judgment for the judgment of the secretary.””
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.