Hussey v. Smith’s Empirical Analysis
99 U.S. 20 · 1878
Citation profile
3 federal appellate · 8 district · 34 state decisions
How this case has been cited
Cited by 64 later decisions (5 by the Supreme Court) — most recently July 2014 · most notably Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States (1890), Ward Fuller (1899)
3 federal appellate · 8 district · 34 state decisions — followed in 10 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 Clinton v. Englebrecht · Brown v. Lunt · Peralta v. United States · Thredgill v. Pintard
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An officer de facto is not a mere usurper, nor yet within the sanction of law, but one who, colore officii, claims and assumes to exercise official authority, is reputed to have it, and the community acquiesces accordingly. [Citations omitted.] Judicial as well as ministerial offi cers may be in this position. Freeman on Judgments, sect. 148. The acts of such officers are held to be valid because the public good requires it. The principle wrongs no one. A different rule would be a source of serious and lasting evils.”
1 later decision quote this exact passage · from the majoritye.g. Vance v. Fordham“An officer de facto is not a mere usurper, nor yet within the sanction of law, but one who, colore officii, claims and assumes to exercise official authority, is reputed to have it, and the community acquiesces accordingly. Judicial and ministerial officers may be in this position. The acts of such officers are held to be valid because the public good requires it. The principle wrongs no one. A different rule would be a source of serious and lasting evils.”
1 later decision quote this exact passage · from the majoritye.g. State v. Gambrell“‘ ‘ The execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof to be conducted under such rules and regulations as may be prescribed by the legislative authority of the state or territory in which the same may be situated.””
1 later decision quote this exact passage
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.