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← 64 F.1d 481 - In re Kearns

In re Kearns’s Empirical Analysis

64 F. 481 · 1894

Citation profile

5
cited by 5 later decisions
January 1912
most recently cited

2 federal appellate · 1 district ·

Relationships

Relies on John Den James Murray and John Kayser v. The Hoboken Land and Improvement Company John Den James B Murray et al. · Butterworth v. United States ex rel. Hoe · Martin v. Mott · Benson v. McMahon · Adams v. Burke

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

  1. ““It would be a very dangerous principle to bold that a thing prescribed by the collector of internal revenue as a needful regulation under the oleomargarine act, for carrying it into effect, would be considered as a tiling ‘required by law’ in the carrying on or conducting of the business of a wholesale dealer in oleomargarine in such manner as to become a criminal offense, punishable under section 18 of the act (Act Aug. 2, 1886, c. 840, 24 Stat. 212 [II. S. Comp. St. 1901, p. 2234]), particularly when the same act in section 5 ( 24 Stat. 210 [U. S. Comp. St. 1901, p. 2230]) requires a manufacturer of the article to keep such books and render such returns as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may by regulation require, and does not impose, in that section or elsewhere in the act, the duty of keeping such books and rendering such returns upon a wholesale dealer in the article.””
    1 later decision 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.