Schaetzley v. Wright’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. “We are inclined to think that a misunderstanding of the law may have arisen as a result of the frequent reference, in opinions of this Court, to ‘great and irreparable injury’ as being one of the prerequisites to the issuance of an order of prohibition. An impression has arisen that the mere loss of valuable rights or property through an error of the court constitues great and irreparable injury entitling the loser automatically to relief from the error. However, a careful analysis of the cases dealing with the supervisory power of the Court of Appeals under Section 110 of the Kentucky Constitution will disclose that in addition to the element of great and irreparable injury there must be some aspect of injustice. There must be something in the nature of usurpation or abuse of power by the lower court, such as to demand that the Court of Appeals step in to maintain a proper control over the lower court. The object of the supervisory power of the Court of Appeals is to prevent miscarriage of justice.” (Citations have been omitted.)”

   2 later decisions quote this exact passage
   e.g. Ison v. Bradley · Powell v. Graham

2. ““When the General Assembly has chosen to deny the right of appeal from judgments concerning a designated subject, we think it is proper to assume that the General Assembly intended to deny any review of ordinary or routine errors of the trial court incurred in the entering of such judgments, upon the theory that the nature of the subject was not such as to warrant resort to the highest court. Therefore, it would seem to follow that there must be some error of an extraordinary nature, resulting in an abuse of the judicial processes, or constituting a miscarriage of justice, or there must be some misuse or usurpation of authority by the lower court, before the Court of Appeals should exercise its constitutional power to ‘control’ inferior jurisdictions.””

   1 later decision quote this exact passage
   e.g. Eline v. Lampe

3. ““There must be something in the nature of usurpation or abuse of power by the lower court, Renshaw v. Cook, 129 Ky. 347 , 111 S.W. 377 , such as to demand that the Court of Appeals step in to maintain a proper control over the lower court, Clapp v. Sandidge, 230 Ky. 594 , 20 S.W.2d 449 . The object of the supervisory power of the Court of Appeals is to prevent miscarriage of justice, City of Bowling Green v. Milliken, 257 Ky. 245 , 77 S.W.2d 777 ; Old Blue Ribbon Distillers v. Holbert, 276 Ky. 687 , 125 S.W.2d 253 .””

   1 later decision quote this exact passage
   e.g. Stewart v. Yager