White v. Maxcy’s Empirical Analysis
1877
Citation profile
41 state decisions
How this case has been cited
Cited by 42 later decisions — most recently December 2013 · most notably Hogsett v. Hanna (1936), Owens v. Kansas City, St. Joseph & Council Bluffs Railroad (1888)
41 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.
Relationships
Relies on State v. Starr · Iron Mountain Bank v. Murdock · Kennayde v. Pacific Railroad · State v. Shoultz · State v. Morrow
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The right of self-defense rests alone upon necessity, and does not imply the right of attack, and the plea of justification in self-defense cannot avail in any case, when it appears that the difficulty was sought for or induced by the act of the defendant, in order to afford him a pretense for wreaking his malice. And if you find from the evidence that the defendant, James G-. Maxcy, and the deceased had a difficulty, which resulted in the death of the deceased, and that the defendant commenced the difficulty or brought it on by any willful or unlawful act of his or that he voluntarily, and of his own free will and inclination, entered into the difficulty, then there is no self- defense in the ease, and you should not acquit on that ground; and in that case it makes no difference how high the passion of the defendant may have arisen, nor how imminent the peril may have been in which the defendant was placed.””
1 later decision quote this exact passage · from the majority““Neither of these sections [sections 4425, 4426, Rev. St. Mo.] created any new cause of action, but provided for a survival of a cause of action which existed at the common law, where the death of the party injured occurred, to certain representatives of the deceased party, and limited the amount of the recovery to a specific sum.””
1 later decision quote this exact passage · from the majority““Such an instruction is always calculated to intimate that in the opinion of the court trying the case some of the witnesses had testified falsely, and the court presiding at the trial is better qualified than we are to determine the propriety of giving or refusing such an instruction.””
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.