McAffee v. Russell’s Empirical Analysis
1855
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently November 1955
10 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.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In addition there is another very obvious reason why a mandamus should not have been awarded in this cause. “The appellee showed, by his petition, that he did not take possession of the office, or enter upon the discharge of the duties, until it was surrendered to him by Swann in October, 1854. If it were fully conceded, therefore, that he was entitled to the office and its emoulments from the date of his election, he would, nevertheless, not have the shadow of a claim against the state for salary for the intervening period from liis election to liis accession to the office. He had rendered no services, and therefore could found no claim for remuneration. If he was wrongfully kept out of office, it was certainly no fault of the state. He was,.therefore, not entitled to remuneration upon the principle of indemnity. The legislature had conferred upon him the office in question; his title was contested, and he was kept out by the incumbent. The courts were open to him for the redress of his injuries; and having failed to pursue the remedies provided by law, he must be left to the consequences of his own neglect.””
1 later decision quote this exact passage · from the majority““The question arises here, whether reference was had exclusively to the biennial meeting of the legislature at the times stated by law, or to any session, regular or extraordinary, which might take place after a vacancy had occurred and was filled by the governor. “A literal construction of the language employed, clearly includes any meeting of the legislature, whether at an adjourned, called, or regular session. * * * ””
1 later decision quote this exact passage · from the majority
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.