White v. Delano’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““By a careful reading it will be seen that all of the cases cited by counsel for defendants, that are in point, fully support the contention that the penalty clause of such a statute is suspended during the pendency of a suit to test the constitutionality of the statute which the penalty is designed to enforce. “But upon principle it seems to me 'that where a person is in good faith challenging the validity of a statute, the penal clause thereof, whether severe or lenient, should be suspended pending the litigation brought for that purpose. In my opinion it was never the intention of the legislature to have the penalty enforced during the pendency of the suit; but concede that such was its design, then, in my opinion, such clause would, nevertheless, under the constitutional provisions mentioned, be suspended during that period.” (p. 33.)”

   1 later decision quote this exact passage
   e.g. City of Marysville v. Cities Service Oil Co.