Duke v. Boyd County’s Empirical Analysis
1928
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently March 1981 · most notably Estes v. State Highway Commission (1930), District Board of Tuberculosis Sanitarium Trustees v. City of Lexington (1928)
28 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 Craig v. O'Rear · City Louisville v. Commonwealth for School Board · Campbell County v. City of Newport · Commonwealth v. Goldburg · Potter v. Dark Tobacco Growers Co-Operative Ass'n
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The act operates upon all counties alike, and in proportion to their interest in the enforcement of the criminal laws. The county is simply a political subdivision of the state. With the exception of those powers and obligations conferred or imposed by the Constitution itself, it derives all of its powers and assumes all of its burdens by virtue of1' legislative enactment. The state has the unquestioned right to administer its government through, such agencies as the Legislature may choose, unless forbidden by the Constitution. City of Louisville v. Commonwealth, 134 Ky. 488 , 121 S. W. 411 , We are not aware of any provision of the Constitution that prohibits the Legislature.from imposing upon a county a part of the burden of enforcing the criminal law within its jurisdiction, or of any other function of the government. Indeed, this power has been exercised without question since the foundation of the Commonwealth. An illustration may be found in the statute imposing upon the county the duty to pay the fees of the jailer in certain cases. The fact that the fines and costs are paid to a municipality within the county or to the state, is wholly immaterial.””
1 later decision quote this exact passage · from the majority““It must not be overlooked that, when the power of the Legislature to enact a law is called in question, the sole duty of the courts is to look to the provisions of the federal and state Constitutions, and if they do not in express terms, or by necessary and proper implication, forbid the exercise of such power, they must uphold the validity of the act. Beyond the constitutional restrictions thus to be interpreted the' only limits upon the state Legislature in enacting laws are its own wisdom, sound judgment, and patriotism. In case of doubt its action will not be interfered with by the courts. Respect for the wisdom of a co-ordinate department of the government, as well as sound policy, forbids such interposition except upon clear and satisfactory grounds.””
1 later decision quote this exact passage · from the majority““No law enacted by the general assembly shall relate to more than one subject, and that shall be expressed in the title, * * * ft”
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.