Ward v. Markstein’s Empirical Analysis
1916
Citation profile
28 state decisions
How this case has been cited
Cited by 30 later decisions — most recently April 1966 · most notably Blount v. Sixteenth St. Baptist Church (1921), State v. Goldstein (1922)
28 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 Ex parte Cowert · Southern Express Co. v. Whittle · Dunn v. Court of County Revenues · Town of Greensboro v. Ehrenreich · Ex parte Rowe
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The question here presented is no-t one of the power of the Legislature to validly authorize municipalities to enact ordinances of this character [i. e. of the character of the one hereinabove set out], but is whether the ordinance under review is inconsistent with the policy of the state established by the Legislature of 1915. Is this ordinance inconsistent with the general laws, the general policy of the state * * * (governing gaming, etc.)? If so, then the ordinance is void. 2 Dillon on Mun. Corp. (5th Ed.) § 601; Dunn v. Wilcox Co., 4 So. 661 , 85 Ala. 144, 147 ; Greensboro v. Ehrenreich, 2 So. 725 , 80 Ala. 579 , 60 Am. Rep. 130 . The rule is thus stated in the Dunn Case, supra: ‘It is, accordingly, a familiar rule on this subject that municipal by-laws and ordinances, in conflict with the general law, will be adjudged void, unless they be clearly authorized by the charter of the particular town or city enacting them.’ At the citation in Dillon it is said: ‘The rule that a municipal corporation can pass no ordinance which conflicts with its charter, or any general statute, in force and applicable to the corporation, has been before stated. Not only so, but it cannot, in virtue of its incidental power to pass by-laws, or under any general grant of that authority, adopt by-laws which infringe the spirit or are repugnant to the policy of the State as declared in its general legislation.’ •””
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.