Ex parte Newman’s Empirical Analysis
81 U.S. 152 · 1871
Citation profile
23 federal appellate · 6 district · 48 state decisions
How this case has been cited
Cited by 120 later decisions (27 by the Supreme Court) — most recently May 2018 · most notably Roche v. Evaporated Milk Ass'n (1943), The Belgenland (1885)
23 federal appellate · 6 district · 48 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 Cockroft v. Vose
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 120 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“will never prescribe what the decision of the subordinate court shall be, nor will the supervisory court interfere in any way to control the judgment or discretion of the subordinate court in disposing of the controversy.”
2 later decisions quote this exact passage · from the majority““Admiralty courts, it is said, will not take jurisdiction in suck a case except where it is manifestly necessary to do so to prevent a failure of justice, but the better opinion is that, independent of treaty stipulation, there is no constitutional or legal impediment to the exercise of jurisdiction in such a case. Such courts may, if they see fit, take jurisdiction in such a case, but they will not do so as a general rule without the consent of the representative of the country to which the vessel belongs, where it is practicable that the representative should be consulted.- His consent, however, is not a condition of jurisdiction, but is regarded as a material fact to aid the court in determining the question, of discretion, whether jurisdiction in the case ought or ought not to be exercised.””
1 later decision quote this exact passage · from the majoritye.g. The Kestor““Superior tribunals may by mandamus command an inferior court to perform a legal duty where there is no other remedy, and the rule applies to judicial as well as to ministerial acts, but it does not apply at all to a judicial act to correct an error, as where the act has been erroneously performed. If the duty is unperformed and it be judicial in its character the mandate will be to the judge directing him to exercise his judicial discretion or judgment, without any direction as to the manner in which it shall be done, or if it be ministerial, the mandamus will direct the specific act to be performed.””
1 later decision quote this exact passage · from the majoritye.g. Pope v. Ferguson
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.