Oncken v. Ewing’s Empirical Analysis
1939
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently September 2016 · most notably 136 W. Va. 447 - McCoy v. Fisher (1951), Lexington Park Volunteer Fire Department, Inc. v. Robidoux (1958)
38 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 Bowers v. Smith · Kittanning Country Club's Liquor License Case · Nyce v. Board of Commissioners · Luzerne County Election Returns · Fish's Election
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But where the irregularity complained of could not reasonably have misled the voters and did not result in the question at issue being presented to them unintelligibly, the election cannot be judicially overturned because of some innocuous deviation from a statutory requirement which might have been previously rectified through resort to the remedy given by the law for that purpose.””
2 later decisions quote this exact passage“It is established generally throughout American jurisdictions that one who does not utilize the opportunity afforded by statute to object to irregularities in the ballot before the election may not raise objections thereto. It would be unjustifiable, and indeed intolerable, after the electorate has clearly expressed its will, for a court to declare an election null and void merely because of some inconsequential defect in the form of the ballot.”
1 later decision quote this exact passagee.g. Dayhoff v. Weaver
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.