In re Chung Toy Ho’s Empirical Analysis
42 F. 398 · 1890
Citation profile
3 federal appellate · 6 district ·
How this case has been cited
Cited by 12 later decisions (2 by the Supreme Court) — most recently March 1928
3 federal appellate · 6 district ·
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 In re Tung Yeong
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is impossible to believe that parties to this treaty, which permits the servants of a merchant to enter the country with him, ever contemplated the exclusion of his wife and children. And the reason why they are not expressly mentioned, as entitled to such admission, is found in the fact that the domicile of the wife and children is that of the husband and father, apd that the concession to the merchant of the right to enter the United States, and dwell therein at pleasure, fairly construed, does inelude his wife and minor children; particularly when it is remembered that such concession is accompanied with a declaration to the effect that, in such entry and sojourn in the country, he shall be entitled to all the rights and privileges of a subject of Great Britain or a citizen of France.””
1 later decision quote this exact passage““It ought not to be liglilly, or without cogent reason, concluded that Congress. in the passage o! the act of 1884. professedly ‘to execute’ the treaty of 1880. really intended to limit or restrain its operation in this respect. The treaty (article 2 [ 22 Stat. 827 ]) declares that a Chinese merchant may bring Ms ‘body and household servants’ with him into the country, and they ‘shall be accorded all the rights, privileges, immunities and exemptions which are accorded to the citizens and subjects of the most, favored nation.’ * * * The domicile of the wife and children is that of the husband, * * * and the concession to the merchant of the right to enter the United States, and dwell therein at pleasure, fairly construed, does include his wife and minor children.””
1 later decision quote this exact passage
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.