Stewart v. Kahn’s Empirical Analysis
78 U.S. 493 · 1870
Citation profile
58 federal appellate · 26 district · 39 state decisions
How this case has been cited
Cited by 218 later decisions (42 by the Supreme Court) — most recently June 2022 · most notably Baker v. Carr (1962), Hirabayashi v. United States (1943)
58 federal appellate · 26 district · 39 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.
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 218 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * The power is not limited to victories ip the field and the dispersion of the insurgent forces. It carries with it inherently the power to guard against the immediate renewal of the conflict, and to remedy the evils which have arisen from its rise and progress.””
5 later decisions quote this exact passage · from the majority““That whenever, during the existence of the present rebellion, any action, civil or criminal, shall accrue against any person who, by reason of resistance to the execution of the laws of the United States, or the interruption of the ordinary course of judicial proceedings, cannot be served with process for the commencement of such action or the arrest of such person, or whenever, after such action, civil or criminal, shall have accrued, such person cannot, by reason of such resistance of the laws, or such interruption of judicial proceedings, be * * * served with process for the commencement of the action, the time duridg which such person shall so be beyond the reach of legal process shall not b.e deemed or taken as any part of the time limited by law for the commencement of such action.””
2 later decisions quote this exact passage““It is a rule of law that where a revising statute, or one enacted for another, omits provisions contained in the original act,. the parts omitted cannot be kept in force by construction, but are annulled.””
2 later decisions 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.