McAllister v. Fair’s Empirical Analysis
1906
Citation profile
2 federal appellate · 4 district · 42 state decisions
How this case has been cited
Cited by 52 later decisions (2 by the Supreme Court) — most recently July 2013 · most notably Loughran v. Loughran (1934), State Ex Rel. Anderson v. Fadely (1957)
2 federal appellate · 4 district · 42 state decisions — followed in 14 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 Riggs v. . Palmer · New York Mutual Life Insurance v. Armstrong · Mutual Life Ins Co of New York v. Armstrong · 11 E.H. Smith 1 - People v. . Hawkins · 2 E.H. Smith 149 - Ellerson v. . Westcott
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The right to determine what is the best policy for the people is in the legislature, and courts cannot assume that they have a wisdom superior to that of the legislature and proceed to inject into a statute a clause which, in their opinion, would be more in consonance with good morals or better accomplish justice than the rule declared by the legislature. It has been said that ‘the well-considered cases warrant the pertinent conclusion that when the legislature, not transcending the limits of its power, speaks in clear language upon a question of policy, it becomes the judicial tribunals to remain silent.’ (Malinda Deem et al., v. Thomas Millikin et al., 6 Ohio C. C. 357, 360.)” (1. c. 536)”
2 later decisions quote this exact passage · from the majority““That any one should be given property as the result of his crime is abhorrent to the mind of every right-thinking person, and is a strong reason why the lawmakers, in fixing the rules of inheritance and prescribing punishment for felonious homicide, should provide that no person shall inherit property from one whose life he has feloniously taken. . . . The horror and repulsion caused by such an atrocity, however, do not warrant the court in reading into a plain statutory provision an exception which the statute itself in no way suggests.” p. 535.”
1 later decision quote this exact passage · from the majority““There is a manifest difference, however, between private grants, conveyances and contracts of individuals and a public act of the legislature. It might be that a person would not be permitted to avail himself of the benefits of an insurance policy the maturity of which had been accelerated by his felonious act. Many considerations of an equitable nature might affect the operation or enforcement of a grant or contract of a private person which would have no application or bearing on a statute enacted by the legislature.””
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.