Orbison v. WELSH, GOVERNOR’s Empirical Analysis

Citation profile

3 federal appellate · 44 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the Port Commission is a public corporate entity separate from the state as a sovereign entity, ... it is a separate corporate entity which is an instrumentality or agency of the state, although it is not the state in its sovereign corporate capacity.”

   2 later decisions quote this exact passage
   e.g. Steup v. Indiana Housing Finance Authority · Indiana Port Commission v. Bethlehem Steel Corp.

2. ““This Court has previously had this question before it in the cases involving the Toll Road Act, the Toll Bridge Act and the State Office Building Commission Act,4 and in these cases, statutes almost identical in language, were held not to create a debt or obligation of the state. It will be noted that the Indiana Port Commission Act above quoted, expressly states that the port revenue bonds issued thereunder shall not constitute a debt or pledge of credit of the state or of any political subdivision but shall be payable solely from the funds pledged for their payment as authorized therein. In view of the foregoing provisions of the statute and the opinion we have previously expressed that the Port Commission is a corporate body separate from the State of Indiana in its sovereign capacity, it follows that the purchasers of the proposed bonds will have no right of action against the state but must rely solely for payment upon funds pledged as provided in the statute. The Indiana Port Commission Act neither authorizes a debt to be contracted on behalf of the State, nor does it authorize a political corporation to contract debts in violation of Art. 10, § 5, or Art. 11, § 12 of the Indiana Constitution.” [footnote omitted].”

   1 later decision quote this exact passage
   e.g. American National Bank & Trust Co. v. Indiana Department of Highways

3. ““ ‘As aptly, stated by Peckham, J., in In re Mayor, etc., of New York, supra: “When used by lessees under the facts already stated, the use is a public one. The use is public while the property is thus leased, because it fills an undisputed necessity existing in regard to these common carriers by water, who are themselves engaged in fulfilling their obligations to the general public,—obligations which could not otherwise be properly or effectually performed.” ’ The Court concluded that where the lease of a particular facility aided the accomplishment of the primary and public purposes of the Authority, the fact that the lessee was a private corporation was incidental and not controlling.””

   1 later decision quote this exact passage
   e.g. Hawkins v. City of Greenfield