De Benque v. United States’s Empirical Analysis
85 F.2d 202 · 1936
Citation profile
58 federal appellate · 4 district · 19 state decisions
How this case has been cited
Cited by 88 later decisions (3 by the Supreme Court) — most recently April 2010 · most notably Bozza v. United States (1947), King v. United States (1938)
58 federal appellate · 4 district · 19 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
Applies 26 U.S.C. § 1040
Relies on Ex parte Lange · United States v. Benz · United States v. Mayer · In re Bonner · Binderup v. Pathe Exchange, Inc.
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The theory seems to be that where the original judgment is void, it, in form of law, accomplished nothing, there was no final disposition of the case, and the court’s power was therefore unexereised; and, in point of substance, the defendant, having sought release on the theory that the judgment was void, cannot turn about and escape due punishment merely because the term has passed, that is to say, the defendant cannot assert the judgment void to defeat it, and then assert it merely voidable to defeat a new judgment.””
1 later decision quote this exact passagee.g. State v. Culver
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.