Kirwan v. Murphy’s Empirical Analysis
189 U.S. 35 · 1903
Citation profile
15 federal appellate · 11 district · 11 state decisions
How this case has been cited
Cited by 68 later decisions (10 by the Supreme Court) — most recently November 2023 · most notably Scott v. Lattig (1913), United States v. State Investment Co. (1924)
15 federal appellate · 11 district · 11 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
reviewedKirwan v. Murphy (from Eighth Circuit Court of Appeals)
Relationships
Relies on Smyth v. Ames · Hardin v. Jordan · Noble v. Union River Logging Railroad · St.louis Smelting and Refining Company v. Kemp. · Payne v. Hook
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The courts can neither correct nor make surveys. The power to do so is reposed in the political department of the government, and the Land Department charged with the duty of surveying the public domain must primarily determine what are public lands, subject to survey and disposal under the public land laws. Possessed of the power in general, its exercise of jurisdic- lion cannot be questioned by the courts before it has taken final action. Brown v. Hitchcock, 173 U. S. 473 [ 19 Sup. Ct. 485 , 43 L. Ed. 772 ].””
3 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.