Larkin v. Hiittenmeyer’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where a statute that has been construed by the courts of last resort has been reenacted in same, or substantially the same terms, the legislature is presumed to have been familiar with its construction, and to have adopted it as a part of the law, unless a contrary intent clearly appears, or a different construction is expressly provided for, and the same rule applies in the construction of a statute enacted after a similar or cognate statute has been judicially construed.””

   2 later decisions quote this exact passage
   e.g. State Ex Rel. Department of Highways v. Marshall · Horath v. Pierce

2. ““Apart from the qualifying effect, if any, of the curative provisions of the 1939 Act, to which we will revert later, it must be assumed, as to the statutory notice for the certificate sale, that the Legislature was cognizant of the interpretation consistently placed thereon ,by this court over the years, and that, by reason of the fact the Legislature has not seen fit to change the same, it has acquiesced in, ratified and approved the construction so placed thereon by this court. McCain v. State Election Board, 144 Okl. 85 , 289 P. 759 .”,”

   1 later decision quote this exact passage
   e.g. Horath v. Pierce