Carr v. United States’s Empirical Analysis
98 U.S. 433 · 1878
Citation profile
84 federal appellate · 25 district · 46 state decisions
How this case has been cited
Cited by 254 later decisions (33 by the Supreme Court) — most recently November 2005 · most notably United States v. Mitchell (1983), United States v. Lee (1882)
84 federal appellate · 25 district · 46 state decisions — followed in 20 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 The Siren · Douglas v. Fulda
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 254 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It may be contended that the United States consented to have its title determined in these cases, and that such consent was manifested by the employment of the district attorney and additional counsel to aid in the defense. But we do not think that any such inference can be legally deduced from the action of the secretary of the treasury. He may have deemed it prudent to assist the officers who were sued, without intending to waive any of the rights of the government; and, in fact, he had no authority to waive these rights.””
1 later decision quote this exact passage · from the majority““In some cases ‘perhaps it was so in the present case,’ it might not be apparent until after suit brought that the possession attempted to be assailed was that of the government; but when this is made apparent by the pleadings, or the proofs, jurisdiction of the court ought to cease. Otherwise, the government could always be compelled to come into court and litigate with private parties in defense of its property.””
1 later decision quote this exact passage · from the majority““ * * * We consider it to be a fundamental principle that the Government cannot be sued except by its own consent; and certainly no State can pass a law which would have any validity, for making the Government suable in its courts. * * *” 98 U.S. at 437 , 25 L.Ed. at 211 .”
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.