Wintermann v. McDonald’s Empirical Analysis

Citation profile

2 federal appellate · 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Repeal of laws by implication is not favored. 39 Tex.Jur. § 75, p. 140; 59 C.J., § 510, p. 905. In the absence of an express repeal by statute, where there is no positive repugnance between the provisions of the old and new statutes, the old and new statutes will each be construed so as to give effect, if possible, to both statutes. 39 C.J. § 75, p. 140.””

   2 later decisions quote this exact passage · from the majority
   e.g. International Service Insurance Company v. Jackson · State v. Easley

2. ““The Commissioner of the General Land Office may lease said lands for grazing purposes under existing laws relating to the leasing for grazing purposes of unsold school lands. The Commissioner of the General Land Office may lease said lands for agricultural, residential, business or other purposes for a term of not to exceed two (2) years, said rental to be payable in money, the amount of said rental and all other terms of the lease to be fixed by the Commissioner of the General Land Office. Any escheated permanent free school lands shall be subject to lease for oil and gas development or subject to other mineral development under Statutes governing the leasing for mineral purposes [of] all other unsold permanent free school lands. Any escheated permanent free school lands may be sold by the Commissioner of the General Land Office for not less than one-tenth of the purchase price in cash and the balance of said purchase price payable in nine equal annual installments,, said deferred installments to bear interest at the rate of six (6) per cent per annum. Any lands so sold shall be sold to the highest bidder as are other public free school lands but no escheat-ed lands shall be sold at a price of less-than Two Dollars and Fifty Cents ($2.50) per acre. All sales of escheated permanent free school lands shall be with a reservation to the State of all-the minerals in the land in favor of the Permanent Free School Fund. All sums, received from the leasing, mineral developments, or”

   1 later decision quote this exact passage · from the majority
   e.g. Standard v. Sadler

3. ““In the absence of an express repeal) by statute, where there is no positive-repugnance between the provisions of' the old and the new statutes, the old and new statutes will each be construed so as to give effect, if possible, to both statutes. 39 C.J. § 75, p. 140. This rule is particularly applicable to-the construction of statutes relating to our public school lands, and to the development of the minerals thereunder.””

   1 later decision quote this exact passage · from the majority
   e.g. Standard v. Sadler