Harkness v. Hyde’s Empirical Analysis
98 U.S. 476 · 1878
Citation profile
70 federal appellate · 23 district · 98 state decisions
How this case has been cited
Cited by 327 later decisions (28 by the Supreme Court) — most recently August 2018 · most notably Baldwin v. Ionwa State Traveling Men's Ass'n (1931), State of Georgia v. Pennsylvania R Co (1945)
70 federal appellate · 23 district · 98 state decisions — followed in 34 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 Pennoyer v. Neff
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 327 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he right of the defendant to insist upon the objection to the illegality of the service was not waived by the special appearance of counsel for him to move [for] the dismissal of the action on that ground”
14 later decisions quote this exact passage · from the majority““ Illegality in the service of process by which jurisdiction is to be obtained is not waived by the special appearance of the defendant to move that the service be set aside ; nor, after such motion is denied, by his answering to the merits. Such illegality is considered as waived only when he, without having insisted upon it, pleads in the first instance to the merits.””
2 later decisions quote this exact passage“The act of Congress of March 3, 1863, organizing the Territory of Idaho, provides that it shall not embrace within its limits or jurisdiction any territory of an Indian tribe without the latter’s assent, but that “all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Idaho,” until the tribe shall signify its assent to the President to be included within the Territory. 1”
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.