105 Cal. App. 694 - Leymel v. Johnson’s Empirical Analysis

Citation profile

37 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The words “public office” are used in so many senses that the courts have affirmed that it is hardly possible to undertake a precise definition which will adequately and effectively cover every situation. Definitions and application of this phrase depend, not upon how the particular office in question may be designated nor upon what a statute may name it, but upon the power granted and wielded, the duties and functions performed, and other circumstances which manifest the nature of the position and mark its character, irrespective of any formal designation. But so far as definition has been attempted, a public office is said to be the right, authority, and duty, created and conferred by law—the tenure of which is not transient, occasional, or incidental—by which for a given period an individual is invested with power to perform a public function for public benefit. “ ‘The individual who occupies such an office is a public officer. He is a public agent and as such acts only on behalf of his principal, the public, whose sanction is generally considered as necessary to give to acts performed by the officer the authority and power of a public act or law. An ‘ ‘ incumbent” is one who is in the present possession of an office. The terms “officer” and “office” are paronymous, and in their original and proper sense are to be regarded as strictly correlative. They may be used in a sense other than the proper one, but the presumption is, unless the contrary appears, that the proper ”

   1 later decision quote this exact passage
   e.g. 16 Cal. 2d 636 - People Ex Rel. Chapman v. Rapsey

2. ““The contract of employment of a teacher produces the relation of employer and employee, the first, the board of education, and the second, the teacher ... Of course the powers of the board are limited by statutes, but does this fact alone render this employment under the state 1 We think not. . . . The statutes governing the employment, duties and privileges of the teacher are rules of contract and regulation defining the duties, privileges and obligations of the profession.””

   1 later decision quote this exact passage · from the majority
   e.g. 31 Cal. App. 2d 734 - Taylor v. Board of Education