Smith v. Dillon’s Empirical Analysis

Citation profile

3 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Quo warranto is a common law remedy. Its origin is obscured by antiquity and little is known thereof save that the writ came into existence at some unascertained period early in the history of that system. The ancient writ of quo warranto was a high prerogative writ of right for the King against one who usurped, misused, or failed to exercise some office or franchise. It is the remedy or proceeding by which the sovereign or State determines the legality of a claim which a part asserts to the use or exercise of an office or franchise and ousts the holder from its enjoyment if the claim is not well founded or if the right to enjoy the privilege has been forfeited or lost. 44 N.Y.S.2d 722 . * * * * * * [Q]uo warranto ... will lie only where the party proceeded against is either a de facto or a de jure officer in possession of the office. In addition the writ only lies when the facts are in dispute. 44 N.Y.S.2d at 723 . [Emphasis added]”

   1 later decision quote this exact passage
   e.g. 558 So. 2d 1383 - Moore v. Sanders