Mitchell v. Carter’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Lackey v. State, 29 Okla. 255 , 116 Pac. 913 , this court, in construing said statute, said: ‘It is clear that the foregoing statute intends to provide that, wherever a freeholders’ charter has been adopted under the provisions of the Constitution, and conflicts with any law of the state relating to municipal matters of cities of the first class, the provisions of such charter shall prevail.’ In other words, the effect of said statute was to declare the law as it already existed in the Constitution, merely setting out the same in greater detail than as contained in article 18. In Lackey v. State, supra, the rule was declared that,, whenever any matter fell ‘within the domain of municipal government’ or related solely to municipal affairs, such provision of a municipal charter, adopted pursuant to the provisions of article 18, superseded the general state laws.””

   3 later decisions quote this exact passage
   e.g. Adler v. Jenkins · Bodine v. City of Oklahoma City

2. ““A corporation de facto may legally do and perform every act and thing which the same entity could do and perform were it a de jure corporation. As to all the world, except the paramount authority under which it acts and from which -it receives its charter. it- occupies the same position as though in all respects valid; and even as against the state, except in direct proceedings to arrest its usurpation of power, it is submitted, itsi acts are to be treated as efficacious.””

   1 later decision quote this exact passage
   e.g. Douthit v. Baldwin

3. ““The Legislature shall enact laws providing for a mandatory primary system, which shall provide for the nomination of all candidates in all elections for -state, district, county, and municipal officers, for all political parties, including United States Senators : Provided, however, this provision shall not exclude the' right of the people to place on the ballot by petition any nonpartisan candidate.””

   1 later decision quote this exact passage
   e.g. Cotteral v. Barker