Gentry v. Harrison’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The reason advanced for excepting public officers from the application of the general rule as to mitigation of damages is that, according to the general conception of office, no contract, in the usual sense of the word, exists between a public officer and the government, the compensation for the office being a mere incident thereof and belonging to the officer by virtue of his right to the office and not by reason of a contractual relationship. Once this premise is accepted, the result is inevitable, and the nonapplication of the general rule can in no way be called a real exception, since the basis for its applicability, the existence of a contract relation, is missing in the case of a public officer. “All the text writers are agreed on the above rule in regard to public officers and on the ground for the rule. So, it is said for instance in Throop on Public Officers, 1892, ed., p. 430, § 443: ‘It has been often held that an officer’s right to-his compensation does not grow out of a contract between him and the state or the municipality by which it is payable. The compensation belongs to the officer as an incident of his office, and he is entitled to it, not by force of any contract, but because the law attaches it to the office; and although, during the time for which he claims it, he has earned money in other employment.’ And for similar statements see 43 Am.Jur. 164, Public Officers, § 382; 3 Sutherland, Damages, 1916 ed., p. 2557, § 693; 1 Labatt, Master & Servant, 2d e”

   1 later decision quote this exact passage
   e.g. Buckalew v. City of Grangeville

2. “It is hereby found and declared that the regulation of the business of insurance is a function of the state government and necessary for the preservation of the public peace, health and safety, and that therefore an emergency exists, and this act shall take effect immediately upon its passage and approval.”

   1 later decision quote this exact passage
   e.g. State v. Ziegenbein