Marsh v. . Ellsworth’s Empirical Analysis
1872
Citation profile
2 federal appellate · 39 state decisions
How this case has been cited
Cited by 47 later decisions (2 by the Supreme Court) — most recently July 2018 · most notably Briscoe v. W (1983), Burns v. Reed (1991)
2 federal appellate · 39 state decisions
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.
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The case shows that the court held that the answer given to the question put to the defendant as a witness before the Surrogate was not material and pertinent to the inquiry; and further held it was privileged if the defendant, when he gave it, in good faith believed it was; and whether he so believed was a question of fact to be determined by the jury. Had the evidence proved that the answer was material and pertinent, the court must have held it privileged, irrespective of the defendant’s belief upon the subject.””
1 later decision quote this exact passagee.g. Morah v. Steele
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.