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← 132 NEB 82 - Swanson v. State

Swanson v. State’s Empirical Analysis

1937

Citation profile

28
cited by 28 later decisions
8
states following
August 2021
most recently cited

27 state decisions

How this case has been cited

Cited by 28 later decisions — most recently August 2021 · most notably School District of Seward Education Ass'n v. School District (1972), Keenan v. Price (1948)

27 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on McCleary v. Babcock · State ex rel. Thompson v. Winnett · State Ex Rel. West v. McCafferty · In re Senate File 31 · Magneau v. City of Fremont

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

  1. ““The following statement of the rule under discussion has received approval in this jurisdiction: ‘A constitutional amendment becomes an integral part of the instrument and must be so construed. It must be harmonized, if possible, with all other provisions, and effect must be given to every section and clause as well as the whole instrument.’ Luikart v. Higgins, 130 Neb. 395 , 264 N.W. 903 . See, also, Hooper Telephone Co. v. Nebraska Telephone Co., 96 Neb. 245 , 147 N.W. 674 . “It will also be remembered that, while a clause in a constitutional amendment will prevail over a provision in the original instrument inconsistent with the amendment, ‘distinct constitutional provisions are repugnant to each other only when they relate to the same subject, are adopted for ■the same purpose, and cannot be enforced without substantial conflict.’ 12 C.J. 709. “So, also, it is a well-recognized canon of construction that, ‘when general and special provisions of a Constitution are in conflict, the special provisions should be given effect to the extent of their scope, leaving the general provisions to control in cases where the special provisions do not apply.’ 12 C.J. 709.””
    1 later decision quote this exact passage
  2. “is that which supplies a deficiency, adds to, or completes, or extends that which is already in existence, without changing or modifying the original.”
    1 later decision quote this exact passage
  3. “A supplemental act is one designed to improve an existing statute, by adding something thereto without changing the original text.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.