State of Missouri Walker v. Walker’s Empirical Analysis

Citation profile

9 federal appellate · 14 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think it sufficient to say that the former act authorized the board of county commissioners to employ an agent for the state, and to agree with him as to what compensation he should receive on the amount recovered. This it did, and there can be no doubt that the agency, ■ thus created, was withdrawn by the repealing. act; that is, unless there was a consideration given for the contract, or unléss it was so coupled with an interest in the subject-matter of the agency — that is, the property to be discovered — as to make the agency irrevocable. As there is no contention that a consideration passed, the repealing act revoked the agency, unless the same was coupled with an interest. That it was not is clear””

   1 later decision quote this exact passage
   e.g. In Re Stewart Bros.

2. ““There is nothing whatever in the transaction, from the beginning to the end, which shows an intention on the part of the Legislature to part with any interest in or control over the claims except to the extent of the commissions of the agent after they had been earned. Walker was given no power to compromise any claim. All he could do was to establish the claim, and, when the state was ready to pay it, take his commissions. Clearly such an agency is not irrevocable in law becaúse of its being coupled with an interest in the thing to be collected”—”

   1 later decision quote this exact passage
   e.g. State Ex Rel. West v. McCafferty