Humthlett v. Reeves’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The legislative intent will prevail over the literal import of the words.” . . . “In the case of a mistake in a reference in a statute to another statute, . . . where the real intent of the legislature is manifest, and would be defeated by an adherence to the terms of the mistaken reference, the mistaken reference will be regarded as surplusage, or will be read as corrected, in order to give effect to the legislative intent.” . . . “Legislative enactments are not, any more than other writings, to be defeated because of mistakes, errors, or omissions, provided the intention of the legislature can be collected from the whole statute.” [Cits.]”

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

2. ““Minor errors, even if quite obvious, or important errors if their existence be fairly doubtful, may be adhered to and repeated indefinitely; but the only treatment for a great and glaring error affecting the current administration of justice ... is to correct it. When an error of this magnitude and which moves in so wide an orbit competes with truth in the struggle for existence, the maxim for a supreme court, supreme in the majesty of duty as well as in the majesty of power, is not stare decisis, but fiat justitia ruat coelum [let justice be done, though the heavens should fall].””

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

3. “no one could have been led to rely upon it as permanently fixing the law and been misled by it to his hurt and injury”

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