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← 167 W. Va. 194 - Mayers v. Barte

167 W. Va. 194 - Mayers v. Barte’s Empirical Analysis

1981

Citation profile

40
cited by 40 later decisions
1
states following
November 2017
most recently cited

40 state decisions

How this case has been cited

Cited by 40 later decisions — most recently November 2017 · most notably 174 W. Va. 139 - Allen v. State of West Virginia Human Rights Commission (1984), 196 W. Va. 726 - State Ex Rel. Blankenship v. Richardson (1996)

40 state decisions

1601981199020002010decided

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 Kramer v. Union Free School District No. 15 · Cipriano v. City of Houma · Turner v. Fouche · 162 W. Va. 672 - Pauley v. Kelly · 80 Wash. 2d 547 - Sorenson v. City of Bellingham

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

  1. “[a] writ of mandamus will not issue unless three elements coexist-(1) a clear legal right in the petitioner to the relief sought; (2) a legal duty on the part of respondent to do the thing which the petitioner seeks to compel; and (3) the absence of another adequate remedy.”
    2 later decisions quote this exact passage · from the majority
  2. “Where the right sought to be enforced is a public one, mandamus can be sought by any citizen, taxpayer or voter.”
    2 later decisions quote this exact passage · from the majority
  3. “If a fundamental or constitutional right is involved, then the state’s attempt to classify such right must be based on a compelling state interest. Where the right involved does not rise to a constitutional or fundamental level, the state must only show a rational connection to sustain its classification. E.g., State ex rel. Bromelow v. Daniel, [163] W.Va. [532], 258 S.E.2d 119, 120 (1979); Pauley v. Kelley, 162 W.Va. 672 , 255 S.E.2d 859, 878 (1979); Woodring v. Whyte, 161 W.Va. 262 , 242 S.E.2d 238, 245 (1978); Cimino v. Board of Education, [158] W.Va. [267], 210 S.E.2d 485, 490 (1974).”
    1 later decision quote this exact passage · from the majority

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.