Tanner v. Brasher’s Empirical Analysis
1985
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently November 2018
12 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 Eisen v. Carlisle & Jacquelin · United States v. Lee · Malone v. Bowdoin · Florida Department of State v. Treasure Salvors, Inc. · 117 Ga. App. 236 - Harper v. DeFreitas
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To hold otherwise would throw the constitutional doctrine of sovereign immunity in conflict with the constitutional provision for separation of powers. 1983 Const, of Ga., Art. I, Sec. II, Par. III. This court held in Dougherty v. Bethune, 7 Ga. 90, 92 (1849), “Whether the facts upon which rights depend, are true or false, is an inquiry for the Courts to make, under legal forms; it belongs to the judicial department of the Government. By the Constitution the legislative, [executive,] and judicial departments are distinct.” As the legislature was denied the power to legislate the truth of facts in Dougherty , here we must deny the executive branch the power to conclusively establish facts by pleading them.”
1 later decision quote this exact passage“[w]here the resolution of individual questions plays such an integral part in the determination of liability , a class action suit is inappropriate.”
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.