Toncray v. Budge’s Empirical Analysis
1908
Citation profile
17 state decisions
How this case has been cited
Cited by 19 later decisions (2 by the Supreme Court) — most recently June 2019
17 state decisions
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 Reynolds v. States · Ex parte Garland · Cummings v. The State of Missouri · Davis v. Beason · Maxwell v. Dow
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, or excuse acts of licentiousness or justify polygamous or other pernicious practices, inconsistent with morality or the peace or safety of the state; nor to permit any person, organization, or association to directly or indirectly aid or abet, counsel or advise any person to commit the crime of bigamy or polygamy, or any other crime. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomination or mode of worship. Bigamy and polygamy are forever prohibited in the state, and the legislature shall provide by law for the punishment of such crimes.”
1 later decision quote this exact passagee.g. State v. FLUEWELLING“It therefore clearly appears that the convention itself was guarding against acts and practices and teachings and not against beliefs. There was no objection at that time, and can be no constitutional one now, to a man believing that the wife to whom he is married in this life will be his wife in the hereafter, and there can be no objection to his marrying her for both “time and eternity"; .... Toncray, supra, at 654 , 95 P. at 59 .”
1 later decision quote this exact passage““ * * * it must be conceded, we think, that we have on the statute books two remedies for reaching the ineligibility of a person to hold office; one by contest under the provisions of the foregoing act [Act of February 2, 1899, sec. 119 (Sess.Laws 1899, p. 60)]; the other by information in the nature of quo warranto, under sections 4612 to 4619, Rev.St.1887.””
1 later decision quote this exact passagee.g. Tiegs v. Patterson
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.