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← 8 OHIOST3D 52 - Weston v. Ferguson

Weston v. Ferguson’s Empirical Analysis

1983

Citation profile

29
cited by 29 later decisions
2
states following
February 2022
most recently cited

2 district · 23 state decisions

How this case has been cited

Cited by 29 later decisions — most recently February 2022 · most notably State ex rel. Weiss v. Industrial Commission (1992), 636 F. Supp. 1395 - Hartman v. City of Providence (1986)

2 district · 23 state decisions

12019831990200020102020decided

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 141 Ohio St. 477 - State Ex Rel. Stoer v. Raschig · 114 Ohio St. 122 - State Ex Rel. Miller v. Witter · 105 Ohio App. 479 - State, Ex Rel. Click v. Thormyer · 137 Ohio St. 13 - State, Ex Rel. Stine v. McCaw · 59 Ohio App. 2d 98 - Howie v. Stackhouse

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

  1. “It is well-established that the power to create a position in the civil service includes the power to abolish it. State ex rel. Stine v. McCaw (1940), 137 Ohio St. 13 , 27 N.E.2d 488 [ 17 O.O. 303 ], paragraph one of the syllabus; State, ex rel. Stoer v. Raschig (1943), 141 Ohio St. 477 , 49 N.E.2d 56 [ 26 O.O. 56 ], paragraph one of the syllabus. This is particularly true where the purpose of such abolishment is economy or the increased efficiency of the public service. Id. Thus, an appointing authority has the power' to abolish civil service positions pursuant to a plan of reorganization. The critical guideline in the abolishment of a civil service position is that it must be done in good faith and not as a subterfuge. State, ex rel. Stoer v. Raschig, supra; State, ex rel. McGann v. Evatt (1941), 138 Ohio St. 421 , 35 N.E.2d 576 [ 20 O.O. 546 ]. A civil service employee may not be removed under the guise of abolishing his office when in fact the transaction amounts to no more than a change in the name of the position and the appointment of another person, the duties remaining substantially the same. State, ex rel. Miller v. Witter (1926), 114 Ohio St. 122 , 150 N.E. 431 . The theory is that a position may be abolished, but not the person. Howie v. Stackhouse (1977), 59 Ohio App.2d 98 , 392 N.E.2d 1081 [ 13 O.O.3d 158 ]. The actual duties will be examined in order to determine whether a civil service job has been abolished in good faith or as a subterfuge. State, ex rel. Cli”
    1 later decision quote this exact passage · from the majority

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.