United States v. Moser’s Empirical Analysis
266 U.S. 236 · 1924
Citation profile
224 federal appellate · 63 district · 81 state decisions
How this case has been cited
Cited by 597 later decisions (37 by the Supreme Court) — most recently September 2017 · most notably Montana v. United States (1979), Kennedy v. Mendoza-Martinez (1963)
224 federal appellate · 63 district · 81 state decisions — followed in 18 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 Cromwell v. County of Sac · Southern Pacific Railroad v. United States · Gunter v. Atlantic Coast Line Railroad · New Orleans v. Citizens' Bank
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 597 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where, for example, a court in deciding a case has enunciated a rule of law, the parties in a subsequent action upon a different demand are not estopped from insisting that the law is otherwise, merely because the parties are the same in both cases. But a fact, question or right distinctly adjudged in the original action cannot be disputed in a subsequent action, even though the determination was reached upon an erroneous view or by an erroneous application of the law.”
30 later decisions quote this exact passage · from the majority“does not apply to unmixed questions of law.”
6 later decisions quote this exact passage““ That any officer of the Navy, with a creditable record, who served during the Civil War, shall, when retired, be retired with the rank and three-fourths the sea pay of the next higher grade.””
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.