State ex rel. Kirtley v. Augustine’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`[i]t is only necessary that the incumbent evince a purpose to relinquish the office; that this purpose be communicated to the proper authority, and that this resignation be accepted, either in terms, or something tantamount thereto, such as appointing a successor[.]'”

   2 later decisions quote this exact passage
   e.g. Gallangher v. Ross Cty. Sheriff, Unpublished Decision (3-1-2007) · State ex rel. Orr v. Cleveland School (Bd. of Ed.) Dist.

2. ““It is well-established law that, in the absence of express statutory enactment, the authority to accept the resignation of a publie officer rests with the power to appoint a successor to fill the vacancy. The right to accept a resignation is said to be incidental to the power of appointment. 1 Dillon on Municipal Corporations (3d Ed.) § 224; Mechem on Public Offices, § 413; Van Orsdall v. Hazard, 3 Hill (N. Y.) 243; State v. Boecker, 56 Mo. 17 .””

   1 later decision quote this exact passage
   e.g. Rockingham County v. Luten Bridge Co.