Johnson v. Sayre’s Empirical Analysis
158 U.S. 109 · 1895
Citation profile
59 federal appellate · 12 district · 6 state decisions
How this case has been cited
Cited by 173 later decisions (36 by the Supreme Court) — most recently July 2008 · most notably Cafeteria & Restaurant Workers Union, Local 473 v. McElroy (1961), O'Callahan v. Parker (1969)
59 federal appellate · 12 district · 6 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 In re Neagle · Kurtz v. Moffitt · Smith v. Whitney · Ex parte Reed · Dynes v. Hoover
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 173 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“when in actual service in time of war or public danger”
4 later decisions quote this exact passage““All persons in the military or naval service of the United States are subject to the military law, the members of the regular army and navy, at all times-, the militia, so long as they are in such service.” (Emphasis added.) The court stated further, “The necessary construction is that the words, in this amendment, ‘when in actual service in time of war or public danger,’ like the corresponding words, in the first article of the constitution, ‘call[ed] forth to execute the laws of the Union, suppress insurrections and repel invasions,’ and ‘employed in the service of the United States,’ and those, in the second article, ‘when called into the actual service of the United States,’ apply to the militia only.””
1 later decision quote this exact passage · from the majoritye.g. Owens v. Markley““The court-martial having jurisdiction of the person accused, and of the offense charged, and having acted within the scope of its lawful powers, its decision and sentence cannot be reviewed or set aside by the civil courts, by writ of habeas corpus or otherwise.””
1 later decision quote this exact passage · from the majoritye.g. In re Crain
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.