Nesbitt v. Fallon’s Empirical Analysis
1954
Citation profile
14 state decisions
How this case has been cited
Cited by 16 later decisions — most recently September 2006
14 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 Buchholtz v. Hill · County Commissioners v. Monnett · 10 N.J. Super. 545 - Driscoll v. Burlington-Bristol Bridge Co. · Cull v. Wheltle · McCarthy v. State Ex Rel. Harless
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is well established that a position is held to be a public office when it has been created by law and casts upon the incumbent duties which are continuing in their nature and not occasional, and which call for the exercise of some portion of the sovereignty of the State. The most important characteristic of a public office, as distinguished from any other employment, is the fact that the incumbent is entrusted with a part of the sovereign power to exercise some of the functions of government for the benefit of the people.””
1 later decision quote this exact passage · from the majority“[The Governor] shall nominate, and, by and with the advice and consent of the Senate, appoint all civil and military officers of the State, whose appointment, or election, is not otherwise herein provided for, unless a different mode of appointment be prescribed by the Law creating the office.”
1 later decision quote this exact passage · from the majority“in the case of any vacancies . . . which occur when the legislature is not in session, the Governor shall appoint some eligible person to fill the vacancy during the remainder of the term of the person originally appointed.”
1 later decision quote this exact passage · from the majority
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.