Bartley v. State’s Empirical Analysis
1898
Citation profile
2 federal appellate · 57 state decisions
How this case has been cited
Cited by 59 later decisions — most recently June 1968 · most notably State v. Ross (1909), Utah Construction Co. v. Western Pacific Railway Co. (1916)
2 federal appellate · 57 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 Claassen v. United States · Spies v. People · Oddie v. . the Nat. City Bank of New York · People v. McKinney · Davis v. State
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““For the purposes of this case, we shall assume that the construction of the statute contended for by the defendant is the proper one, namely, that the term 'money’ was used by the legislature in a specific sense. In other words, it means legal-tender coin, and also paper issued by the government, or by banks by lawful authority, and intended to pass and circulate as money. It is insisted on behalf of the accused that, under the foregoing definition, he did not embezzle money — actual coin or currency — belonging to the state. It is true the state had no specific coins or currency in the possession of the Omaha National Bank, as it had made no special deposit of money in said bank. The state, at the time of the delivery of the check in question to the bank, had on deposit therein, under the depository law, money in excess of the amount found by the jury to have been embezzled, which constituted the bank the debtor of the state to that amount. ... To constitute embezzle-, ment it was not necessary that the defendant himself should have acquired the physical or manual possession of the money. He, by his cheek, authorized and directed the bank tp pay the money called for therein. . . . The bank was thereby empowered to select and transfer the money to the payee, which in contemplation of law it did, although there was’ no actual handling of a dollar in the entire transaction.” (Bartley v. State, 53 Neb. 310, 337, 338 .) “The several acts and matters elemental, directly or indire”
1 later decision quote this exact passage · from the majoritye.g. State v. Johnson““The law raises no presumption against the defendant; on the contrary the presumption of law is in favor of his innocence. This presumption of innocence continues through the trial until every material allegation in the information is established by the evidence to the exclusion of all reasonable doubt. ””
1 later decision quote this exact passage · from the majoritye.g. Edwards v. State
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.