McPherson v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘A statute,’ says Dwarris, ‘can be repeáled only by an express provision of a subsequent law, or by necessary implication. " To repeal'a statute by implication, there must be such a -positive repugnancy between the provisions of the hew law'and the old that they cannot. stand together or be consistently recognized.’ Dwar. Stat. 155. And Sedgwick says: ‘A general statute, without negative words, will not repeal the particular provisions of the former, unless the two acts are irreconcilably inconsistent.’ Sedg. Stat. Law.””

   1 later decision quote this exact passage
   e.g. Cordell v. Kent

2. ““There is, however, another rule of construction sometimes employed, which we should perhaps notice, which is that, where the Legislature takes up a whole subject anew, covering the whole ground, revising the whole subject-matter of a former statute, and evidently intending to enact a substitute, the old statute is repealed, although the new statute contains no express words to that effect.””

   1 later decision quote this exact passage
   e.g. Cordell v. Kent