Schafer v. Ort’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Before an election, statutory rules and regulations of the conduct thereof may be regarded as mandatory and their observance may be insisted upon and enforced. After an election, they must be regarded in a different light. `If the statute provides that certain things shall be done at a particular time or in a particular manner and does not declare that their performance shall be essential to the validity of an election, they will be regarded as mandatory if they affect the merits of the election, and as directory only if they do not affect its merits.' Parvin v. Wimberg (1892), 130 Ind. 561, 568 , 30 N.E. 790, 792 , 15 L.R.A. 775 , 30 Am.St.Rep. 254 . The problem is to secure a free and untrammeled vote and a correct record and a return thereof, and a departure from the statute which does not deprive legal voters of their right to vote or permit illegal voters to participate in the election or cast uncertainty on the result, does not affect the validity of the election. Norman v. State, ex rel. (1912), 51 Ind. App. 425 , 99 N.E. 812 ; Lafayette, etc., R. Co. v. Geiger (1870), 34 Ind. 185, 230 ; 9 R.C.L. 1091; 20 C.J. 181." (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Roeschlein v. Thomas