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← 79 S.D. 522 - State v. Nuss

State v. Nuss’s Empirical Analysis

1962

Citation profile

34
cited by 34 later decisions
2
states following
May 2011
most recently cited

2 federal appellate · 4 district · 28 state decisions

How this case has been cited

Cited by 34 later decisions — most recently May 2011 · most notably State v. Williams (1970), McDonald v. Sch. Bd. of Yankton Ind. Sch. Dist. No. 1 (1976)

2 federal appellate · 4 district · 28 state decisions

140196219701980199020002010decided

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 Nebbia v. People of State of New York · Chicago, Burlington & Quincy Railroad v. McGuire · Day-Brite Lighting, Inc. v. Missouri · Olsen v. State of Nebraska Western Reference & Bond Association · State v. Ballance

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

  1. ““ ‘freedom of contract is not an absolute right or superior to the general welfare of the public. It is subject to reasonable restraint and regulation by the state, under the police power, to protect the safety, health, morals, and general welfare of the people.’ ” Siefkes v. Clark Title Co., 1974, 88 S.D. 81, 88 , 215 N.W.2d 648, 651-652 , quoting State v. Nuss, 1962, 79 S.D. 522 , 114 N.W.2d 633 .”
    2 later decisions quote this exact passage
  2. “[D]ue process still requires that any exercise of the police power be reasonable [citations omitted], and the regulatory means adopted by the legislature must bear a real and substantial relation to some actual or manifest evil [citations omitted], and cannot be unreasonable, arbitrary, or capricious.”
    2 later decisions quote this exact passage
  3. “No person, firm or corporation or any college or school, which is not supported by a church or religious organization, or a fraternal organization, or by the state or any of its political subdivisions, shall collect tuition or other charges in excess of twenty-five dollars in advance of actual attendance of pupils in such school. Charges for correspondence' courses shall not exceed twenty-five dollars in advance of the receipt and approval by the pupil of the first assignment of such courses. No action shall lie to recover on a contract for tuition or other charges from a prospective student in advance of such attendance, or receipt and approval by the pupil of the first assignment of correspondence courses. Any violation of this provision shall be a misdemeanor and upon conviction thereof such violator shall be subject to a fine of not to exceed two hundred dollars or by imprisonment in the county jail not to exceed thirty days.”
    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.