United States v. Borneman’s Empirical Analysis

Citation profile

5 federal appellate · 1 district ·

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I*’or that on, to wit, the 15th day of February, 1892, the said defendant, then and there being a corporation created by (lie general assembly of the state of Rhode, Island, and located and doing business in the county of Providence, in said district of Rhode Island, did knowingly assist, encourage, and solicit the importation and migration into the United States of America one Armand Nokin, he then and there being a foreigner and alien, and not being a citizen of the said United States; and said Armand Nokin then and there and previous to his importation and migration to said United States being under a contract and agreement to perform labor and service for, to wit, the said defendant, in the United States of America, to wit, in tlie state of Rhode Island, in said district of Rhode Island; and tlie said Armand Nokin did thereafterwards, to wit, on the 20th day of March, A. D. 1892, by reason of tlie aforesaid assistance, encouragement, and solicitation, migrate and come into tlie United Stales of America, to wit, into said state of Rhode Island, and in pursuance of said contract to perform labor and service for said defendant, and did perform labor and service for said River Spinning Company in said United States of America, to wit, in said state of Rhode Island. Whereby the said defendant has violated the laws of the said United States, and lias forfeited tq tlie said United States a penalty of one thousand dollars; and an action hath accrued to the said United Slates to h”

   1 later decision quote this exact passage
   e.g. United States v. River Spinning Co.

2. ““The declaration being founded upon a statute penal in its character, a well-settled principle of pleading requires that in it must be averred every particular necessary to bring the case within the purview of the statute. All the circumstances must be stated which are requisite to support the action. Nothing is to he left to inference or conjecture.””

   1 later decision quote this exact passage
   e.g. United States v. Zemel

3. ““The penalty did not accrue unless (1) the alien had, previous to Ms migration, entered into a Contract to perform labor or service in this country; and (2) had actually migrated here, and (3) the defendant had, by prepayment of transportation or otherwise, encouraged or assisted Ms migration, knowing that such a contract had been entered into.””

   1 later decision quote this exact passage
   e.g. United States v. River Spinning Co.