Cox v. . Kinston’s Empirical Analysis
1940
Citation profile
70 state decisions
How this case has been cited
Cited by 70 later decisions — most recently March 2012 · most notably Carolina-Virginia Coastal Highway v. Coastal Turnpike Authority (1953), Pue v. . Hood, Comr. of Banks (1942)
70 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 Dornan v. Philadelphia Housing Authority · State v. . Harris · 14 Cal. 2d 437 - The Housing Authority v. Dockweiler · Spahn v. Stewart · Lilly Co. v. . Saunders
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As to the judicial function, the Legislature itself has none, and, therefore, the use of the word ‘delegation’ is not apt as regarding the power of the Legislature to confer judicial powers. The Legislature has always, without serious question, given quasi-judicial powers to administrative bodies in aid of the duties assigned to them, without necessarily making them courts. Such powers are given to the Utilities Commission, the Industrial Commission, the Commissioner of Revenue, the State Board of Assessment, and, in lesser degree, to many other State agencies which we might add to the list. The performance of gwasi-judicial and administrational duties by the same board violates no implication of the cited section of the Constitution [Art. I, § 8], requiring that the supreme judicial power be kept separate from the legislative and executive. Certainly the limited discretion given to these bodies is no part of the ‘supreme judicial power’ of the State.””
1 later decision quote this exact passage“The mere fact that an officer is required by law to inquire into the existence of certain facts and to apply the law thereto in order to determine what his official conduct shall be and the fact that these acts may affect private rights do not constitute an exercise of judicial powers. Accordingly, a statute may give to nonjudicial officers the power to declare the existence of facts which call into operation its provisions and, similarly, may grant to commissioners and other subordinate officers power to ascertain and determine appropriate facts as a basis for procedure in the enforcement of particular laws.”
1 later decision quote this exact passage“There is no inherent or inalienable right of appeal from an inferior court to a superior court or from a superior court to the Supreme Court. A fortiori, no appeal lies from an order or decision of an administrative agency of the State . . . unless the right is granted by statute.... [T]he appeal must conform to the statute granting the right and regulating the procedure. The statutory requirements are mandatory and not directory. They are conditions precedent to obtaining a review by the courts and must be observed. Noncompliance therewith requires dismissal.”
1 later decision quote this exact passage
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.