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← 53 Wyo. 31 - Bourne v. Cole

Bourne v. Cole’s Empirical Analysis

1938

Citation profile

4
cited by 4 later decisions
1
states following
September 1992
most recently cited

4 state decisions

Relationships

Relies on State Ex Rel. v. Young · Betts v. Commissioners of the Land Office · State ex rel. Greenbaum v. Rhoades

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

  1. ““ * * * The argument is not sound. It is based on the fallacy that the proceeds are in existence, which is not true. It is but hoped that the investigation will bring some to light. If that proves to be true, then the net amount will, of course, be turned into the school fund and will become a part of it. The 25 per cent paid to Cole will diminish the fund at most theoretically. In actuality, a wholly new fund, to the extent of the remainder, may come into existence. Such a possible fund cannot be treated in the same manner as a fund the existence of which is known. * * * The principles involved are much the same — the existence of a doubtful claim, and the diminution of the fund. The particular manner of diminution should not make any difference. It is true, of course, that if money should actually be turned in, the amount would then be certain. * * * ””
    2 later decisions quote this exact passage
  2. ““It may be noted that the case herein is similar to MacDougall v. Board of Land Commissioners, 48 Wyo. 493 , 49 P.2d 663 . It appears in that case that the State Board of Land Commissioners sought to have an investigation made similar to that sought to be made under the contract here in question. We held in that case that the contract then involved was illegal, but stated that the holding might have been otherwise, if it had been entered into pursuant to the authorization of the Legislature, and if not otherwise in violation of the Constitution. * * * ””
    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.