Kothmann v. Daniels’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The opposing view, which appears to be followed by the majority of American courts, construes the word ‘eligible’ as referring to the capacity of holding office, so that the constitutional requirement is satisfied if the required eligibility exists at the time of commencement of the term of office. Under this view, lack of eligibility at the time of election is immaterial. Annot. 88 A.L.R. 812 ; 143 A.L.R. 1026 . We are satisfied that, at least where the disqualification involved is of such a nature that its continuation or termination is not within the control of the person seeking office, the better reasoning supports the proposition that where the word ‘eligible’ is used in connection with qualification for office, and there are no explanatory words indicating that such word is used with reference to the time of election, it has reference to the qualification to hold office, rather than the qualification to be elected to office. [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. Rose v. White

2. “It would appear that in 1945 when the people of Texas, acting in their sovereign capacity in fixing the fundamental law of the state by constitutional amendment decided that “no person shall be eligible to the office of Chief Justice or Associate Justice of the Supreme Court unless he ... shall have been a practicing lawyer and judge of a court of record together at least ten years,” ... they prescribed in definite terms that from and after the effective date of the 1945 amendment, a judge ... must “have been a practicing lawyer or a lawyer and judge of a court of record together (for) at least ten years” prior to the date of his election.”

   1 later decision quote this exact passage · from the majority
   e.g. Sears v. Bayoud

3. “Here, whether Kothmann desires it or not, the disqualification imposed on him by the constitutional provision in question will necessarily end before the commencement of the term of the office he seeks. We need not fear the creation of a situation where the voters, at the time they cast their ballots, will not know whether they will be successful in filling the office of district clerk or not. The effectiveness of the election will not depend on any future action of Kothmann, should he be the successful candidate.”

   1 later decision quote this exact passage · from the majority
   e.g. Lemons v. State