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← 59 N.M. 511 - Swisher v. Darden

Swisher v. Darden’s Empirical Analysis

1955

Citation profile

38
cited by 38 later decisions
3
states following
February 2016
most recently cited

38 state decisions

How this case has been cited

Cited by 38 later decisions — most recently February 2016 · most notably REGENTS OF UNIVERSITY OF NM v. Hughes (1992), Aguilera v. Board of Education of the Hatch Valley Schools (2006)

38 state decisions

1001955196019701980199020002010decided

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 Kessler v. Strecker · State Ex Rel. Ging v. Board of Education · Colteryahn Sanitary Dairy v. Milk Control Commission · McCormick v. Board of Education of Hobbs Municipal School District No. 16

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

  1. ““is [generally] limited to the record made in the administrative proceeding, and the courts decline to hear new or additional evidence to review or revise findings of fact made by the administrative tribunal, especially where the evidence was available and could have been introduced in the administrative tribunal. To allow findings to be attacked or supported in court by new evidence would substitute the court for the administrative tribunal.””
    2 later decisions quote this exact passage
  2. ““ . . . Absent grounds personal to the teacher, to terminate her services it [is] necessary to show affirmatively that there . . . [is] no position available which she . . . [is] qualified to teach. . . .””
    2 later decisions quote this exact passage
  3. ““ * * * The decision of the State Board of Education is final and conclusive as between the parties and is not subject to review, except to determine whether its decision is based upon substantial evidence or whether it is arbitrary, unlawful, unreasonable or capricious. McCormick v. Board of Education of Hobbs Municipal School District, 58 N.M. 648 , 274 P.2d 299 ; and in a determination of these questions, the court in its review, is limited to the record made before the administrative tribunal!””
    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.