Scherr v. Braun’s Empirical Analysis
1957
Citation profile
63 state decisions
How this case has been cited
Cited by 63 later decisions — most recently November 2012 · most notably Brodak v. Brodak (1982), In Re Franklin P. (2001)
63 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 International Brotherhood of Teamsters of America v. Shapiro · Snyder v. Cearfoss · Whitley v. Superior Court · Close v. Southern Maryland Agricultural Ass'n · Albert v. Public Service Commission
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Where the directions of a statute look to the orderly and prompt conduct of business, including the business of a court, it is generally regarded as directory unless consequences for failure to act in accordance with the statute are set out. Statutory provisions fixing the time for performance of acts are held to be directory where there are no negative words restraining the doing of the act after the time specified and no penalty is imposed for delay.””
4 later decisions quote this exact passage · from the majority“"The failure of the court to determine an appeal within a period of 30 days after the record has been filed in court by the local board as above provided, shall constitute an automatic affirmance of the local board’s decision, unless the time has been extended by the court for good cause shown.””
4 later decisions quote this exact passage · from the majority“"In each of those cases, however, no consequences were attached to the failure to act and there were no words denying exercise of power or authority after the time named. In the statute now under consideration, there are specific consequences of a failure to act, and an implication in the literal language that is a negation of the right to act after the time specified. That the words of the statute mean what they would normally mean is indicated by the statute’s background and purposes, and the consequences which may result from one meaning rather than the other.” Id. at 561-62.”
2 later decisions 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.