Burkhardt v. State’s Empirical Analysis
1952
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently November 1982
5 state decisions
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 Industrial Commission v. Bonfils
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.
““The court shall try and hear an appeal from a determination of an administrative agency without a jury and the evidence considered by the court shall be confined to the record filed with the court. * * * After such hearing, the court shall affirm the decision of the agency unless it shall find that such decision or determination is not in accordance with law * * * or that the findings of fact made by the agency are not supported by the evidence, or that the conclusions and decision of the agency are not supported by its findings' of fact. If the decision of the agency is not affirmed by the court, it shall be modified or re versed, and the case shall be remanded to the agency for disposition in accordance with the decision of the court.” (Emphasis Supplied.)”
2 later decisions quote this exact passage““By the provisions of Section 28-3219, R.C.1943, the district court, upon an appeal from the determination of an administrative agency, is directed to reverse or modify the decision of the agency if it finds, among other things, that ‘the findings of fact made by the agency are not supported by the evidence.’ Section 28-3221 provides: ‘The judgment of the district court in an appeal from a decision of an administrative agency may be reviewed in the supreme court on appeal in the same manner as any case tried to the court without a jury may be reviewed, “Section 28-2732, R.C.1943, in so fár as it is pertinent, reads as follows: ‘On appeal in any action tried by the court, without a jury, whether triable to a jury or not * * *. The supreme court shall try anew the questions of fact specified in the statement or in the entire case, if the appellant demands a retrial of the entire case, * * *.’ “We think it is clear that these statutes, construed together, require a trial de novo * * * upon an appeal from the district court to this court where, as in this case, the statement of the case and the specifications of error demand a review of the entire case.””
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.