Sewell v. Bennett’s Empirical Analysis
1920
Citation profile
43 state decisions
How this case has been cited
Cited by 47 later decisions — most recently April 2010 · most notably Leek v. Theis (1975), Legislative Research Commission Ex Rel. Prather v. Brown (1984)
43 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 Fairbank v. United States · Edward Prigg v. Commonwealth of Pennsylvania · Clement Studebaker v. John Perry · United States v. Graham · St Paul Ry Co v. Phelps
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It was manifestly the purpose of the Legislature in adopting the sections in this chapter to make provision for omissions and deficiencies in special acts, of which there are great numbers creating offices and officers, and that the Legislature had the power, except in so far as it was restrained by the Constitution, to enact these general provisions relating to offices and officers, will not be' controverted, nor will it be disputed that these general provisions, in so far as applicable and not in conflict with the provisions of the legislative acts creating offices and officers, are to be read in connection with and as a part of such acts.””
1 later decision quote this exact passagee.g. Johnson v. Laffoon““In order to defeat the meaning and purpose of this last sentence in section 3750, the act creating the office must in terms or in substance make some provision contrary to the meaning and effect of the sentence, and this the Legislature could easily have done if it had wanted to by providing that the appointment should not be subject to the advice and consent of the Senate, or that the appointment should be approved in some other manner or way." (Italics ours.)”
1 later decision quote this exact passage““Unless the act creating the office makes some provision whereby the appointment shall be subject to the advice and consent of some other person or body, or provides that the appointment shall not be subject to the advice and consent of any other person or body, it cannot be said that the act has ‘otherwise’ provided that the appointment shall not be made subject to the advice and consent of the Senate.””
1 later decision quote this exact passage
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.