Hovey v. Elliott’s Empirical Analysis
167 U.S. 409 · 1897
Citation profile
248 federal appellate · 42 district · 449 state decisions
How this case has been cited
Cited by 964 later decisions (64 by the Supreme Court) — most recently September 2023 · most notably Jackson v. Virginia (1979), Fuentes v. Shevin (1972)
248 federal appellate · 42 district · 449 state decisions — followed in 44 states
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 McKane v. Durston · Wall · Windsor v. McVeigh · Reynolds v. Stockton
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 964 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The fundamental conception of a court of justice is condemnation only after hearing. To say that courts have inherent power to deny all right to defend an action, and to render decrees without any hearing whatever, is, in the very nature of things, to convert the court exercising such an authority into an instrument of wrong and oppression, and hence to strip it of that attribute of justice upon which the exercise of judicial power necessarily depends.”
6 later decisions quote this exact passage · from the majority““That there must be notice to a party of some kind, actual or constructive, to a valid judgment affecting his rights, is admitted. Until notice is given, the court has no jurisdiction in any case to proceed to judgment, whatever its authority may be, by the law if its organization, over the subject-matter. But notice is only for the purpose of affording the party an opportunity of being heard upon the claim or the charges made; it is a summons to him to appear and speak, if he has anything to say, why the judgment sought should not he rendered.”
2 later decisions quote this exact passage · from the majority“““Wherever one is assailed in his person or Ms property, there may he defend, for the liability and the right are inseparable. This is a principle of natural justice, recognized as such by the common intelligence and conscience of all nations. A sentence of a court pronounced against a party without hearing him. or giving him an opportunity to be heard, is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.””
2 later decisions 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.