Kirkpatrick v. People’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the proviso or saving clause in this section on which respondents base the contention that the town of Walsenburg, because incorporated prior to the passage of the Act of 1877, is not affected by, or subject to, that part of the act relating to the classification of municipal corporations. The proviso or saving clause in question had, and has, no such effect. A saving clause is intended to save something which might otherwise be lost. Sec. 287 Lewis’ Sutherland 'Stat. Constr. The object of the saving clause, inserted in the section above quoted, was to preserve the existence of cities and towns which had been incorporated under general laws enacted prior to, and repealed by, the Act of 1877. Had the saving clause not been added, such cities and towns might have gone out of existence, as legal entities, for it has been held that: “ ‘Dissolution may be effected by the repeal of the general law under which the community has assumed the municipal charter or organization.’ 28 Cyc. 255. “It was therefore provided, in the saving clause, that ‘the existence’ of such cities and towns ‘shall not be affected’ by the new act. The remaining part of the saving clause carries the same idea. The effect of a dissolution of a municipal corporation would be to destroy its powers and duties, and hence the provision in the saving clause in question that neither ‘the powers or duties’ of such towns shall be ‘changed or abridged.’ It has frequently been held that a saving clause ‘should be s”

   1 later decision quote this exact passage
   e.g. City of Central v. Axton