Whitaker v. Mitchell’s Empirical Analysis

Citation profile

2 federal appellate · 17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘All provisions of the election law are mandatory if enforcement is soug’ht before election in a direct proceeding for that purpose, but after election all should be held directory only, in support of the result, unless of a character to effect an obstruction to the free and intelligent casting of the vote, or to the ascertainment of the result, or unless the provisions affect an essential element of the election, or unless it is expressly declared by the statute that the particular act is essential to the validity of an election, or that its omission shall render it void. Jones v. State, 153 Ind. 440 , 55 N. E. 229 .’ “So here the statutory provisions were mandatory in the sense that compliance with them could have'been coerced before the election, but, as the notice which was given, while not complying with the statute, appears to have been sufficient to apprise the great body of the electors of the fact that the election would be held, and they have participated therein, we are constrained to affirm the action of the chancellor in upholding the election.””

   2 later decisions quote this exact passage
   e.g. Goggin v. Ratchford · Jeffery v. Fry

2. ““A second answer is that procedural directions when viewed retrospectively are not mandatory unless of the essence of what is to be accomplished. Though enforcible by appropriate action taken before the voters have spoken, the participating majority will not (in the absence of fraud) be deprived of the fruits -of its victory upon a showing that a-ministerial act was overlooked.” Here it appears that notice was given both by posting and by publication, that the polls were open in every township and that a substantial number of votes were cast. Also there is no showing that more people would have voted or a different result reached if the full 20 days notice had been given. This being true the case falls squarely within the rule announced in the Whitaker case, supra, in these words: “But the established rule is that the particular form and manner pointed out by the statute for giving notice is not essential. Actual notice to- the great body of electors is sufficient. The question in such cases is whether the want of the statutory notice has resulted in depriving sufficient of the electors of the opportunity to exercise their franchise, to change the result of the election.””

   1 later decision quote this exact passage
   e.g. Jeffery v. Fry