Dougherty v. Vidal’s Empirical Analysis
1933
Citation profile
2 district · 52 state decisions
How this case has been cited
Cited by 56 later decisions — most recently October 1999 · most notably Hicks v. State (1976), Sangre De Cristo Development Corp. v. City of Santa Fe (1972)
2 district · 52 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 David Kawananakoa v. Ellen Albertina Polyblank · Langford v. United States · Qdweyler v. Gibson · Gross v. Kentucky Board of Managers · State v. Locke
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Both legally and practically we consider the state's immunity from suit too important a matter to be trifled with. `A sovereign is exempt from suit, not because of any formal conception of obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends.' Mr. Justice Holmes in Kawananakoa v. Polyblank, 205 U.S. 349 , 27 S.Ct. 526, 527 , 51 L.Ed. 834 . The Legislature, not to mention the courts, should proceed slowly with caution in subjecting the state itself to the exigencies of litigation. Langford v. United States, [ 11 Otto 341 ] 101 U.S. 341 , 25 L.Ed. 1010 . * * * "* * * The right of the state to sue in its own courts has always stood side by side with its right not to be sued. * * * "The practical necessity back of these legal distinctions is too plain to require exposition. The state must be permitted generally to pursue its governing and business functions free from interference by its courts. * * * "* * * The courts cannot act in a case like this without impairing or destroying the salutary immunity from suit. The Legislature can act in the particular case or by general provision, and with proper regard for the public interest. The Legislature is no doubt as sensitive to injustice as the courts."”
7 later decisions quote this exact passage“"`It is a fundamental doctrine at common law and everywhere in America that no sovereign state can be sued in its own courts or in any other without its consent and permission.' State ex rel. Evans v. Field, 27 N.M. 384 , 201 P. 1059 , 1060 [1921]. * * *" (Emphasis added.)”
2 later decisions quote this exact passage“private property shall not be taken or damaged for public use without just compensation”
1 later decision 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.