Ewing v. Gardner’s Empirical Analysis
185 F.2d 781 · 1950
Citation profile
6 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 19 later decisions — most recently October 2001
6 federal appellate · 1 district · 5 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
Applies 42 U.S.C. § 301 (§ 1 of the Social Security Act of 1935)
Relies on Lynch v. United States · Reconstruction Finance Corp. v. J. G. Menihan Corp. · Dismuke v. United States · Ewing v. Risher · Walling v. Norfolk Southern Ry. Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * when the application was filed the three conditions or facts necessary under the statute to entitle the wage earner to receive the monthly primary insurance benefit actually existed. His right to the monthly primary insurance benefit accrued at that time. * * * In the absence of an express provision in the statute to the contrary, the furnishing of such proof is a condition precedent to payment, but not to liability.””
1 later decision quote this exact passage · from the majoritye.g. Nestor v. Folsom““ * * * The right of the wage-earner to the primary benefit is not a gratuity, but is a property right which can be enforced by court action. Dismuke v. United States, 297 U.S. 167, 170 , 56 S.Ct. 400 , 80 L.Ed. 561 ; Lynch v. United States, 292 U.S. 571, 576-577 , 54 S.Ct. 840 , 78 L.Ed. 1434 .””
1 later decision quote this exact passage · from the majoritye.g. Nestor v. Folsom
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.