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← 55 N.M. 390 - Pollack v. Montoya

Pollack v. Montoya’s Empirical Analysis

1951

Citation profile

32
cited by 32 later decisions
2
states following
December 2012
most recently cited

32 state decisions

How this case has been cited

Cited by 32 later decisions — most recently December 2012 · most notably Otero v. Zouhar (1985), State ex rel. Gomez v. Campbell (1965)

32 state decisions

1001951196019701980199020002010decided

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 State Ex Rel. Barney v. Hawkins · State Ex Rel. Ray v. Henry · Chiordi v. Jernigan · Yarbrough v. Montoya · State ex rel. Ward v. Romero

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

  1. “■“All civil actions commenced in the district courts shall be brought and shall be commenced in counties as follows, and not otherwise: “ * * * “G. Suits against any state officers as such shall be brought in the court of the county wherein their offices are located, at the capítol [capital] and not elsewhere.””
    2 later decisions quote this exact passage
  2. “1. The specific position must be created by law. Election judges are provided for by § 3-3-15, N.M.S.A.1953. 2. There must be certain definite duties imposed by law on the incumbent. The duties to be performed by an election judge are detailed in the election code. As examples, see §§ 3-2-27, 3-3-18, 3-3-27, 3-4-19 and 3-6-1, N.M.S.A.1953. 3. The duties must involve the exercise of some portion of government power. Government power concerning elections is conferred by the New Mexico Constitution, art. VII, § 1. The duties of election judges are in the exercise of that power. The Pollack opinion states: “ * * * A position which has these three elements is presumably an ‘office’ while one which lacks any of them is a mere ‘employment.’ * * * ””
    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.