147 So. 2d 196 - Tolar v. Johns’s Empirical Analysis

Citation profile

1 federal appellate · 9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * it was intended that the misdeed charged to the councilman should have some relationship to his performance of the duties of his office. * * * * * "* * * the affidavit is patently devoid of the substance which the legislature intended should show real reason for instigating the election. * * * * * "Because the affidavit failed utterly to form a foundation for the proceeding the petition for certiorari is granted * * * with directions to enjoin permanently furtherance of the recall." [Emphasis added]”

   2 later decisions quote this exact passage
   e.g. 198 So. 2d 859 - Piver v. Stallman · 277 So. 2d 812 - Gilbert v. Morrow

2. ““Sec. 12.251Í. — Judicial review. “In theory and in fact municipal government by recall of officers presents purely political issues to the electors. The procedure is neither a judicial, quasi, or semi judicial inquiry. The reasons for recall whether true or false do not affect the proceeding. Their truth or sufficiency is for determination by the electors alone. However, the validity of the proceedings for recall is a judicial question, and it may be permissible to determine by certiorari the sufficiency of the petition; or, provided grounds for equitable relief are established, in a suit to enjoin the holding of an election, to determine the sufficiency of proceedings leading up to the proclamation for election. And equity may determine a charge of fraud in securing signatures to the recall petition. Nevertheless the court, in passing upon the sufficiency of a demand for recall, is not permitted to inquire into the truth or falsity of the allegations in the demand, this being, as just noted, a question to be determined by the voters. Decisions holding, upon certiorari or otherwise, that particular petitions were sufficient or insufficient are indicated in the footnotes.” (Sec. 12.251Í, pp. 319, 320.)”

   1 later decision quote this exact passage
   e.g. 63 Wis. 2d 375 - Beckstrom v. Kornsi

3. ““. . . the court should not pass on the truth or falsity of the charges, as this is a matter for the electorate to determine in an election. . . .””

   1 later decision quote this exact passage
   e.g. 63 Wis. 2d 375 - Beckstrom v. Kornsi