Boyne v. Ryan’s Empirical Analysis

Citation profile

64 state decisions

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.

1. ““Moreover, a court will not do a vain or fruitless thing, or undertake by mandamus what cannot be accomplished. As was said by Chancellor Kent, Trustees etc. v. Nicoll, 3 Johns. 598 : ‘It has hitherto been considered as a settled principle that a court will not undertake to exercise power but when they exercise it to some purpose.’ Now it is not contended that the language of section 8 goes any farther than to declare it to be the duty of the district attorney ‘to institute suit.’ But to compel a district attorney, against his will and contrary to his judgment, to merely commence an action would be an idle thing in the absence of power to compel him to prosecute it to final determination; and such power is not contended for by appellant. And, indeed, there could be no practicable exercise of such power. The court granting the writ of mandate could not follow the district attorney through the case, and see to it that he filed proper pleadings, offered sufficient evidence, made necessary objections to evidence offered by defendant, used proper arguments and authorities in discussing questions raised before the court or jury, and conducted the trial with reasonable care and diligence.””

   1 later decision quote this exact passage
   e.g. State ex rel. Rosbach v. Pratt