Dullam v. Willson’s Empirical Analysis

Citation profile

1 federal appellate · 60 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has always been held that general conclusions or conclusions on general charges were not enough, but the facts on which the judgment was based must appear, either in specific charges, or in specific findings, on which the party has been heard upon legal proofs. * * * These cases (cited or reviewed in the opinion) not only require a proper hearing on proper charges, but hold that those charges must consist of distinctly stated facts, and not general charges of wrong or neglect, so that it can be determined, as a matter of law, whether what the removing body treats as wrong is within the legal quality of wrong. ’ ’”

   2 later decisions quote this exact passage · from the majority
   e.g. People ex rel. Metevier v. Therrien · State v. Scott, County Com'r.

2. ““That under the amendment the Governor was vested with the power of determining whether the specified causes exist, appears to me too plain for serious contradiction. I fully concur in the views expressed upon this point by the learned counsel for the respondent (Judge Christiancy), wherein he says: ‘It was competent, by constitutional amendment, to authorize him to exercise such judicial power. And while this amendment gives the power of removal only for the causes which it specifies (which, though similar- in character, are not identical with those specified in the statute), and the question of the officer’s guilt is one judicial in its nature, yet the amendment imposes a duty and confers upon the Governor the power “ to examine into the condition and administration of the office and public acts of the officers” to which it applies, and to remove them from office for the causes there enumerated; thus, in effect, giving him the right to try the question whether the officer is guilty or not, and to remove him from his office.’ The counsel for the respondent, while granting this, insist that such removal cannot be made without charges, notice, and an opportunity for defense, and this I consider the important question in the case. Unless it is the manifest intention of the section under consideration that the proceedings should be ex parte as well as summary, a removal without charges, notice, and an opportunity for defense cannot be upheld.””

   1 later decision quote this exact passage
   e.g. Attorney General ex rel. Rich v. Jochim

3. ““The information alleges that the removal was made in pursuance of the statute, and from the fact that the executive order removing the respondent follows the language of the statute, instead of the Constitution, and fills the vacancy until the next session of the Legislature, instead of the unexpired term, I am convinced that the action was had under the statute. But if the power exists under the Constitution, it is immaterial that a misrecital is made as to its source, and would not invalidate the exercise of the power. I am satisfied that the statute furnishes no valid basis for the power of removal, because repugnant to the Constitution of 1835, which vested no judicial power in the Governor. The statute, being void, was not validated by the amendment of 1862, and the question depends solely upon the constitutional amendment of 1862.””

   1 later decision quote this exact passage
   e.g. State Ex Rel. Lee v. Chaney