175 W. Va. 115 - Oakley v. Gainer’s Empirical Analysis
1985
Citation profile
19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently December 2013
19 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 152 W. Va. 571 - State v. Elder · 153 W. Va. 538 - State Ex Rel. Kucera v. City of Wheeling · 171 W. Va. 445 - Nelson v. West Virginia Public Employees Insurance Board · 171 W. Va. 584 - Conley v. Spillers · 148 W. Va. 398 - State Ex Rel. County Court of Marion County v. Demus
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““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 the 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“In the present case, the Administrative Director certified Judge Kingdon's military, governmental, and judicial service to the proper administrators; calculated the level of contribution necessary to obtain the credit desired and to transfer such credit into the judicial retirement system; and forwarded this information, together with the necessary contribution, to respondent Gainer. Further, after appropriate consideration and investigation, the Governor certified Judge Kingdon's eligibility for retirement benefits under the judicial retirement system to the Secretary of State. At that point, it became respondent Gainer's duty, under West Virginia Code § 51-9-11 (1981 Replacement Vol.), to issue the appropriate warrants on the judicial retirement fund for payment of Judge Kingdon's retirement benefits.”
1 later decision quote this exact passage“"The Court noted in In re Dostert, 324 S.E.2d at 408 , that `[B]ecause of their statutory duties, copies of the intervenor's petition were ordered to be transmitted to the Governor, the Auditor, the Treasurer, and the Attorney General, with a request that they file memoranda setting forth their positions with respect to the issues raised therein.' [Emphasis added] [Footnotes omitted]. As the Court further noted in In re Dostert, 324 S.E.2d at 408 n. 11, `In response, the Attorney General filed a memorandum on his own behalf and on behalf of the State Treasurer and the State Auditor ....' [Emphasis added]. Thus, respondent Gainer had ample opportunity to place his views on the issues presented in In re Dostert, and, in fact, through the Attorney General, did present those views." (Emphasis in original).”
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.