62 So. 2d 5 - Henderson v. Antonacci’s Empirical Analysis

Citation profile

1 district · 56 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is necessary that there be a valid and substantial reason to make such laws operate only upon certain classes rather than generally upon all. State ex rel. Pennington v. Quigg, 94 Fla. 1056 , 114 So. 859 ; Mayo v. Polk Co., 124 Fla. 534 , 169 So. 41 , appeal dismissed Polk Co. v. Mayo, 299 U.S. 507 , 57 S.Ct. 39 , 81 L.Ed. 376 ; Crandon v. Hazlett, 157 Fla. 574 , 26 So.2d 638 ; Ex parte Jentzsch, 112 Cal. 468 , 44 P. 803 , 32 L.R.A. 664 ; City of Denver v. Bach, 26 Colo. 530 , 58 P. 1089 , 46 L.R.A. 848 ." [ 62 So.2d 9 .]”

   2 later decisions quote this exact passage
   e.g. Moore v. Thompson · Kelly v. Blackburn

2. “"These Sections as amended cannot be upheld upon any religious principle, tenet or belief although it be founded upon the Biblical admonition to `remember the Sabbath Day to keep it holy,' because of our constitutional provision requiring the complete separation of church and state. Section 5, Florida Declaration of Rights, F.S.A. and Amendment 1 to Federal Constitution. The constitutionality of these laws must be determined upon a consideration of the query whether each or either was justified as an exercise of the police power which inheres in the state. It is clear that this question must be resolved by application of the civil law without regard to religious precepts, tenets or beliefs except insofar as they furnish a guide for good public morals or health. Hennington v. State of Georgia, 163 U.S. 299 , 16 S.Ct. 1086 , 41 L.Ed. 166 ; Brunswick-Balke-Collander Co. v. Evans, D.C., 228 F. 991 ; Soon Hing v. Crowley, 113 U.S. 703 , 5 S.Ct. 730 , 28 L.Ed. 1145 . See also concurring opinion prepared by Mr. Justice Brown in Gillooley v. Vaughn, 92 Fla. 943 , 110 So. 653 , in which he quoted with approval from the last cited case. Laws similar to these have been upheld as a general rule not, as aforesaid, because of any right of the government to promote religious observances by legislative enactment but only as an exercise of the police power in the protection of all citizens from the physical, as well as moral, degradation which might result from continuous labor."”

   1 later decision quote this exact passage
   e.g. Moore v. Thompson

3. ““It is a fundamental rule that questions which are not presented to the Court and which do not necessarily inhere in those questions which are presented cannot be decided by the Court. Pensacola & Georgia R. R. Co. v. Spratt, 12 Fla. 26 , 91 Am.Dec. 747; Briles v. Bradford, 54 Fla. 501 , 44 So. 937 ; Vance v. Bliss Properties, Inc., 109 Fla. 388 , 149 So. 370 . There are many sound reasons behind this rule. Not the least of such reasons is the fact that gratuitous rulings by a court are oft-times precipitate, ill-considered and, except for the fact that they cannot constitute predicates for res adjudicata, estoppel by judgment or conceivably even stare decisis, would tend to establish unsound precedents. Certainly such rulings lend themselves more directly to confusion than to stability in the law.””

   1 later decision quote this exact passage
   e.g. Trumbull Chevrolet Sales Co., Inc. a Corp. v. Motor Vehicle Commissioner