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← 363 Mo. 245 - State Ex Rel. Moore v. Toberman

State Ex Rel. Moore v. Toberman’s Empirical Analysis

1952

Citation profile

27
cited by 27 later decisions
3
states following
July 2019
most recently cited

27 state decisions

How this case has been cited

Cited by 27 later decisions — most recently July 2019 · most notably Rathjen v. Reorganized School District R-II (1955), State Ex Rel. Jones v. Atterbury (1957)

27 state decisions

1001952196019701980199020002010decided

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 State Ex Rel. Westhues v. Sullivan · Arkansas Tax Commission v. Moore · State ex rel. Ward v. Romero · State Ex Rel. Crutcher v. Koeln · State ex rel. Crow v. Hostetter

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

  1. ““ Tf a literal interpretation of the language used in a constitutional provision would give it an effect in contravention of the real purpose and intent of the instrument as deduced from a consideration of all its parts, such intent must prevail over the literal meaning. * * * ’ 12 C J., Constitutional Law, § 44, p. 702; See, also, 16 C.J.S., Constitutional Law, § 16. State ex rel. City of Carthage v. Hackmann, 287 Mo. 184 , 229 S.W. 1078 . ‘Where the spirit and intent of the instrument can be clearly ascertained, effect should be given to it, and the strict letter should not control if the letter leads to incongruous results clearly not intended.’ State ex rel. Ward v. Romero, 17 N.M. 88, 100 , 125 P. 617, 621 . It should never be construed to work confusion and mischief, unless no other reasonable construction is possible. State ex rel. Jamison v. St. Louis-San Francisco Ry. Co., 318 Mo. 285 , 300 S.W. 274 .””
    2 later decisions quote this exact passage
  2. “'[p]urpose of referendum is to suspend or annul a law which has not gone into effect and to provide the people a means of giving expression to a legislative proposition, and require their approval before it become[s] operative as a law[.]'”
    2 later decisions quote this exact passage
  3. “[a]ny measure referred to the people shall take effect when approved by a majority of the votes cast thereon, and not otherwise.”
    2 later decisions quote this exact passage

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.