Kiner v. Well’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We believe the general rule with respect to elections is as stated in Jones v. State [ex rel. Wilson], 153 Ind. 440 , 55 N.E. 229 , 233: “ ‘All provisions of the election law are mandatory, if enforcement is sought before election in a direct proceeding for that purpose; but after election all should be held directory only, in support of the result, unless of a character to effect an obstruction to the free and intelligent casting of the vote or to the ascertainment of the result, or unless the provisions affect an essential element of the election, or unless it is expressly declared by the statute that the particular act is essential to the validity of an election, or that its omission shall render it void.’ * * * ” City of Fargo v. Sathre, 76 N.D. 341 , 36 N.W.2d 39 , 47 and 48.”

   2 later decisions quote this exact passage
   e.g. Great Northern Railway Company v. Esterby · Sorum v. Dalrymple

2. ““And, where the court must choose between holding valid or invalidating an entire election, the reason for holding the election valid would be stronger where, as in a case of this kind, an entire city must be disfranchised than • where the ballots of a limited number of persons, or even a precinct, would be thrown out. If courts hesitate to disfranchise the few, the greater the reason then for reluctance in setting aside the expressed will of all by the declaration that a whole election is invalid. Hence we find the rule of law, announced for the application of statutes and the particular constitutional provision before us, in cases similar to this, to be that generally •where the statute does not in express terms declare that the election shall he void, or where the constitutional provision does not by reasonable inference invalidate the election, the election will he sustained, and the violation of statute will be treated as an irregularity going to the form instead of to the sitbstance, where from all the facts the court does conchtde that, in spite of the departure from statutory requirements, a full and fair ballot has been cast and a true and fair return of the entire election has been canvassed and made. Indeed, it has been held that this rule of law is so well established that it should be considered as the common law, controlling in the light of which the statute was enacted and with which the statute must be interpreted and effecting its application, unless the stat”

   1 later decision quote this exact passage
   e.g. Mittelstadt v. Bender

3. ““ ‘Public corporation’ shall include a county, city, village, township, school district, and any body corporate except a private corporation; ⅜ * * ””

   1 later decision quote this exact passage
   e.g. United Accounts, Incorporated v. Dachtler