Magner v. People’s Empirical Analysis
1881
Citation profile
3 federal appellate · 1 district · 53 state decisions
How this case has been cited
Cited by 67 later decisions — most recently January 2019 · most notably Geer v. State of Connecticut (1896), People of the State of New York Ex Rel August Silz v. Henry Hesterberg (1908)
3 federal appellate · 1 district · 53 state decisions — followed in 22 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 Slaughter-House Cases the Butchers' Benevolent Association of New Orleans v. The Crescent City Live · Bartemeyer v. Iowa · Phelps v. . Racey · Gentile v. State · Burnham v. Webster
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ownership being in the people of the state, the repository of the sovereign authority, and no individual having any property rights to be affected, it necessarily results that the Legislature, as the representative of the people of the state, may withhold or grant to individuals the right to hunt and kill game, or qualify or restrict, as in the opinion of its members will best subserve the public welfare. Stated in other language, to hunt and kill game is a boon or. privilege, granted, either expressly or impliedly, by the sovereign authority — not a right inherent in each individual; and, consequently, nothing is taken away from the individual when he is denied the privilege, at stated seasons, of hunting and killing game. It is, perhaps, accurate to say that the ownership of the sovereign authority is in trust for all the .people of the state, and hence by implication it is the duty of the Legislature to enact such laws as will best preserve the subject of the trust and secure its beneficial use in the future to the people of the state. But in any view, the question of individual enjoyment is one of public policy and not of private right.””
2 later decisions quote this exact passage · from the majoritye.g. In re Eberle · Lubetich v. Pollock
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.