Schnabel v. Sutton’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The clerk is not required to make any record of his filing, except the indorsement upon the certificate itself, and we have held that, if he receives the certificate from the candidate, this is sufficient; and the candidate is not required to see that he indorses the word ‘filed’ upon it, though he might mandamus the clerk to so indorse the certificate and to place his name upon the ballot. See Daniel v. Blankenship ( 177 Ky. 726 , 198 S. W. 48 ), supra. Further, it must not be overlooked that duplicate certificates are also evidence of party nominations, and that while, perhaps, the clerk is not the legal custodian of the records of the election commissioners and is not chargeable with notice of their contents, still if he does take actual possession of the certificates and so informs the candidate, and for that reason declines to accept and file a certificate that is duly presented to him within the proper time by the latter, assuring him that he will, from the evidence in his possession, print his name upon the ballot, and actually does so, this should be sufficient. If (under such circumstances) the clerk fails to print his name upon the ballots, he may mandamus him to do so, and, as ancillary thereto, require proper filing of the certificate, but a mandamus would hardly lie while the clerk was doing the thing he sought, and which, in this case, was the proper thing for him to do. Also we should bear in mind that party nominations are matters of general, concern, and tha”

   1 later decision quote this exact passage · from the majority
   e.g. James v. Buster