Mears v. Hall’s Empirical Analysis

Citation profile

2 district · 33 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the case cited by the majority in McLellan v. Pledger, 209 Ark. 159 , 189 S.W. 2d 789 , the issue pertained to fees of the clerk of the Chancery Court of Sebastian County and those of the stenographer of the Tenth Chancery District, and it was held that the act allowing a fee to the court stenographer to be credited to the “Stenographer’s Fund Account” of the chancery district was not local legislation. The reason was that the statute related to the administration of justice because under modern conditions, the court reporter is an essential officer in reporting the proceedings of the courts. See Sebastian Bridge District v. Lynch, 200 Ark. 134 , 138 S.W. 2d 81 . The same question was involved and the same answer given in McLellan v. Pledger, supra. Other cases holding that legislation relating to the administration of justice is not local are: Smalley v. City of Ft. Smith, 239 Ark. 39 , 386 S.W. 2d 944 ; City of Stuttgart v. Elms, 220 Ark. 722 , 249 S.W. 2d 829 . Legislation dealing exclusively with the functions of a court of statewide jurisdiction is not local legislation. Buzbee v. Hutton, 186 Ark. 134 , 52 S.W. 2d 647 . The rationale of these holdings was first stated in Waterman v. Hawkins, 75 Ark. 120 , 86 S.W. 844 , in the following language: *** Though such an act relates to a court exercising jurisdiction over limited territory, it is general in its operation, and affects all citizens within the jurisdiction of the court. Whether an act of the Legislature be a lo”

   1 later decision quote this exact passage
   e.g. Beaumont v. Adkisson

2. “In Burrow v. Batchelor, 193 Ark. 229 , 98 S.W.2d 946 , we held that the salaries of the duly appointed reporter and stenographer for the grand jury and of the duly appointed and acting court reporter in the Fifteenth Judicial Circuit were a part of the necessary expenses of the operation of county government of Franklin County, which was part of the Fifteenth Judicial District. This, of course, was based upon the fact that the services of these reporters were essential to the administration of justice. Counties are civil divisions of the state for political and judicial purposes and are its auxiliaries and instrumentalities in the administration of its government. Lake v. Tatum,, 175 Ark. 90 , 1 S.W.2d 554. They are a political subdivision of the state for the administration of justice and local government. Pulaski County v. Reeve, 42 Ark. 54 . The very word “county” signifies a circuit or portion of the state resulting from a division of the state into such areas for the better government thereof and the easier administration of justice. 56 Am. Jur. 2d 74, Municipal Corporations, etc. § 5. Nothing in Amendment 55 changes the status of the county insofar as its primary purposes and functions are concerned. The administration of justice within the county is one of the primary reasons for its existence. (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Villines v. Tucker

3. “The appointment of a public defender does not differ signifi-candy from the appointment of private counsel in an individual criminal case. Indeed, the appointment of a public defender is of greater benefit to a defendant who is thereby provided counsel who is employed solely in criminal defense work.”

   1 later decision quote this exact passage
   e.g. Kimble v. State