State v. Driscoll’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No bill, except general appropriation bills, and bills for the codification and general revision of the laws, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed. ’ ’”

   2 later decisions quote this exact passage · from the majority
   e.g. Van Tighem v. Linnane · City of Helena v. Omholt

2. “This court has heretofore by its decisions declined to accept this construction. Gelsthorpe v. Furnell, 20 Mont. 299 , 51 P. 267 , 39 L.R.A. 170 ; O'Connell v. State Board of Equalization, 95 Mont. 91 , 25 P.2d 114 ; Mills v. State Board of Equalization, 97 Mont. 13 , 33 P.2d 563 . However, the results in those cases apparently have not convinced counsel, and we are again confronted with a similar contention and now propose, if possible, to settle the same contention so that it will not again recur. "This court in construing certain provisions of the Constitution in certain instances applied the rule of `Inclusio unius est exclusio alterius.' In the case of State ex rel. City of Helena v. Helena Waterworks Co., 43 Mont. 169 , 115 P. 200 , the court was considering the extent of its powers to assume original jurisdiction. Attention was directed to the fact that section 2, of article VIII of the Constitution provided that this court, except as otherwise provided in the Constitution, should have appellate jurisdiction only, and that in section 3 of the same article certain proceedings are enumerated in which original jurisdiction was vested in this court. The court held that in view of the provisions of section 29 of article 3, construed with sections 2 and 3 of Article 8, this court is limited in its original jurisdiction to the proceedings specifically mentioned in section 3.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Toomey

3. “The necessary revenue for the support and maintenance of the state shall be provided by the legislative assembly, which shall levy a uniform rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, except that specially provided for in this article. The legislative assembly may also impose a license tax, both upon persons and upon corporations doing business in the state.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Toomey