Burton v. Mayer’s Empirical Analysis
1938
Citation profile
3 federal appellate · 32 state decisions
How this case has been cited
Cited by 37 later decisions — most recently May 2005 · most notably Eash v. Riggins Trucking Inc. (1985), 84 Wash. 2d 498 - State v. Smith (1974)
3 federal appellate · 32 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 Commonwealth Ex Rel. Ward v. Harrington · In Re Sparks · Clark v. Robinson · Burton v. Mayer · Capps v. Gore
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Section 109 of the State Constitution vests the ‘judicial power’ of the Commonwealth ‘in the senate when sitting as a court of impeachment, and one supreme court (to be styled the court of appeals) and the courts established by this Constitution.’ The separation of the judicial power from the executive power and the legislative power was not merely a matter of convenience. The three branches of government are co-ordinate and yet each, within the administration of its own affairs, is supreme. The grant of the judicial power to the- courts carries with it, as a necessary incident, the right to make that power effective in the administration of justice under the Constitution. Capps v. Gore, 231 Ky. 185 , 21 S.W.2d 266 ; Commonwealth ex rel., etc., v. Harrington, 266 Ky. 41 , 98 S.W.2d 53 ; In re Sparks, 267 Ky. 93 , 101 S.W.2d 194 . Rules of practice and procedure are, fundamentally, matters within the judicial power and subject to the control of the courts in the administration of justice. The courts accept legislative co-operation in rendering the judiciary more effective. They deny the right of legislative dominance in matters of this kind. Dowling, ‘The Inherent Power of the Judiciary,’ Vol. XXI, American Bar Association Journal, page 635. “So long as the rules of practice fixed by the Legislature accord with the proper and effective administration of justice, they should be, and they are, followed to the letter. No other rule will accord with the duty of each of the three ”
3 later decisions 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.