184 W. Va. 656 - Harshbarger v. Gainer’s Empirical Analysis
1991
Citation profile
50 state decisions
How this case has been cited
Cited by 50 later decisions — most recently June 2019 · most notably 205 W. Va. 519 - DeVane v. Kennedy (1999), 204 W. Va. 525 - State Ex Rel. ACF Industries, Inc. v. Vieweg (1999)
50 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 United States v. Butler · United States v. Lovett · Aetna Life Insurance v. Lavoie · Kilbourn v. Thompson · Fleming v. Rhodes
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Courts are not constituted for the purpose of making advisory decrees or resolving academic disputes. The pleadings and evidence must present a claim of legal right asserted by one party and denied by the other before jurisdiction of a suit may be taken.” Mainella v. Board of Trustees of Policemen’s Pension or Relief Fund of City of Fairmont, 126 W.Va. 183, 185-86 , 27 S.E.2d 486, 487-88 (1943).”
4 later decisions quote this exact passage · from the majority“[s]ince President Washington, in 1793, sought and was refused legal advice from the Justices of the United States Supreme Court, courtsstate and federalhave continuously maintained that they will not give `advisory opinions.'”
1 later decision quote this exact passage · from the majority“The pleadings and evidence must present a claim of legal right asserted by one party and denied by the other before jurisdiction of a suit may be taken.”
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.