The United States v. James Daniel’s Empirical Analysis
47 U.S. 11 · 1848
Citation profile
14 federal appellate · 6 district · 22 state decisions
How this case has been cited
Cited by 71 later decisions (3 by the Supreme Court) — most recently January 2019 · most notably James Patton v. Maggie a Brady J D (1902), Wynn v. Tallapoosa County Bank (1910)
14 federal appellate · 6 district · 22 state decisions — followed in 15 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 Gwin v. Breedlove · Cravath v. Plympton
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If tlie person charged has secured no benefit to himself at the expense of the sufferer, the cause of action is said not to survive; but where, by means of the offense, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor.””
4 later decisions quote this exact passage · from the majoritye.g. Head v. Porter · Griswold v. Hilton““If the person charged has secured no benefit to himself at the expense of the sufferer, the cause of action is said not to survive; but where, by means of the offense, property is acquired which benefits the testator, there an action for the value of the property shall survive against the executor. And it is laid down in Cowper, 376, with respect to the form, that no action survives where the plea of the defendant must be 'not guilty,’ but where the ease survives, some other form must be pursued. If the deputy marshal, in the misfeasance complained of, received money or property, the marshal being responsible for such acts, the cause of action survived against his executors. But this is not the ease made in the present action. It is an action on the ease, requiring the general issue of 'not guilty.’ If a liability were shown against the deceased marshal, it could not be enforced against his executors in this form. Ho action, where the plea must be that the testator was not guilty, can lie at common law, against the executor. Upon the face of the record, the action arises ex delicto; and all private criminal injuries or wrongs as well as all public crimes, are buried with the offender. 3 Bac. Abr. 539.””
2 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.