Montoya v. Gurule’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““By ‘the 1927 Election Code’ it is provided that ‘any unsuccessful candidate for any public office may contest the election of the candidate to whom certificate of election has been issued in the manner herein provided.’ * * * Upon this provision, defendants in error are compelled to rely, it being well understood that the right of contest and the jurisdiction to entertain it must be found in the statute law. ‡ % ^ >Ji ‡ # “But plaintiffs in error point out that the election law of the Tecolote grant * * * makes no provision for the issuance of certificates of election to the successful candidate. Hence, they contend, they arc not within the statutory description of those whose election may be contested. * * * * * * “This brings us to the result urged by plaintiffs in error, though for a somewhat different reason. The contest provisions of the election code are inapplicable to land grant elections, not because the particular grant statute fails to require issuance of certificates of election, but because the Legislature, in framing the contest and recount provisions of the code, contemplated their applicability to those elections only for which the code makes provision, the general elections for state, district, and county offices. (Emphasis ours.) “This conclusion is fortified, and wc think made necessary, by another provision of the election code. “ ‘The provisions of this act shall not apply to elections for justices of the peace, constables, school directors, municipal”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Denton v. Vinyard

2. ““The election contest being a special statutory proceeding, the right is not to be inferred from doubtful provisions. Nor is it to be overlooked that if, in the face of all doubt, we were disposed to concede the right, out of consideration for the plight of one who has been improperly deprived of an office, we sho^lld by that very act cut him off from another right, perhaps more valuable, that of statutory quo warranto.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. State v. Rodriguez