Nalle v. Oyster’s Empirical Analysis
230 U.S. 165 · 1913
Citation profile
122 federal appellate · 35 district · 34 state decisions
How this case has been cited
Cited by 250 later decisions (22 by the Supreme Court) — most recently January 2013 · most notably Gertz v. Robert Welch, Inc. (1974), Herbert v. Lando (1979)
122 federal appellate · 35 district · 34 state decisions — followed in 11 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.
Appellate journey
reviewedthe decision below (from District of Columbia Circuit Court of Appeals)
Relationships
Relies on Cromwell v. County of Sac · Southern Pacific Railroad v. United States · Bradley v. Fisher · Spalding v. Vilas · Russell v. Place
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 250 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The practice of bills of exception is statutory. By the ancient common law a writ of error lay only for an error in law apparent upon the judgment roll —what is now called the ‘strict record’ — or for an error in fact, such as the death of a party before judgment. See Green v. Watkins, 6 Wheat. 260 , 262 [ 5 L. Ed. 256 ]. Eor an erroneous decision that did not appear upon the record there was no redress by writ of error.””
1 later decision quote this exact passage · from the majority““The questions raised by the other demurrers need not long detain us. The established rule is that if the parties in the former action be the same as in the present, then every matter and question of fact and of law that was necessarily involved in the consideration and determination of the former issue shall be conclusive upon the present.””
1 later decision quote this exact passage · from the majoritye.g. Hines v. Welch“well settled * * * that no civil action lies for a conspiracy unless there be an overt act that results in damage to the plaintiff.”
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.