Meyering v. Miller’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The primary rule of construction of statutes or ordinances is to ascertain and give effect to the lawmakers’ intent. 2 Lewis’ Sutherland on Stat. Const. (2d Ed.) § 363. The rule of strict construction ‘has lost much of its force and importance in recent times, since it has become more and more generally recognized that the paramount duty of the judicial interpreter is to put upon the language of the legislature, honestly and faithfully, its plain and rational meaning and to promote its object.’ Endlich on Interpretation of Statutes, § 329; Maxwell on Statutes (5th Ed.) 425. The report of the special committee of the board of aldermen gives some light on their intent. 36 Cyc. 1139. “Strict construction ‘does not mean that whenever a controversy is or can be raised of the meaning of a statute, ambiguity occurs, which immediately and inevitably determines the interpretation of the statute. * * * Its proper office is to help to solve ambiguities, not to compel an immediate surrender to them. * * * Will courts ever be exempt, or have they ever been exempt, from that duty? Has skill in the use of language ever been so universal, or will it ever be so universal, as to make indubitably clear the meaning of legislation? Has forecast of events ever been so sure, or will it ever be so sure, as to make inevitably certain all the objects contemplated by a statute? We think not, and there never will be a time in which judicial interpretation of laws will not be invoked, and it cannot be o”

   1 later decision quote this exact passage
   e.g. Wood v. City of Birmingham

2. “A mandatory construction will usually be given to the word `may' where public interests are concerned, and the public or third persons have a claim de jure that the power conferred should be exercised or whenever something is directed to be done for the sake of justice or the public good. [59 C.J. 1083, sec. 635.] Of course, all of these rules of construction are auxilliary rules. "The primary rule of construction of statutes or ordinances is to ascertain and give effect to the lawmakers' intent.”

   1 later decision quote this exact passage
   e.g. Kansas City v. J. I. Case Threshing MacHine Co.