White v. Hart’s Empirical Analysis

Citation profile

5 federal appellate · 26 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““And this construction rests upon a very solid foundation of reason, as well as authority. The laws which are in force at the time when and the place where a contract is made and to be performed enter into and form a part of it. This is only another mode of saying that parties are conclusively presumed to contract with reference to the existing law. The Constitution forbids all laws alike which affect the validity, construction, discharge, and enforcement of contracts. The state may change legal remedies, forms of action, of pleading, and of process, the times of holding courts, etc., and may shift jurisdiction from one court to another, and such changes may have the incidental effect of delaying the collection of debts; but the Legislature cannot, under the guise of legislating upon the remedy, in effect, impair the obligation of contracts. The idea of right and remedy are so intimately associated as often to be inseparable.””

   1 later decision quote this exact passage · from the majority
   e.g. Turk v. Mayberry

2. ““The Constitution adopted by Georgia, A. D. 1868 [article 5, § 17] by which it was provided that, ‘no court or officer shall have, nor shall the General Assembly give, jurisdiction to try, or give judgment on, or enforce any debt, the consideration of which was a slave, or the hire thereof/ is to be regarded by the court as voluntarily adopted by the state named, and not as adopted under any dictation and coercion of Congress. Congress having received and recognized the said Constitution as the voluntary and valid offering of the state of Georgia, this court is concluded by such action of the political department of the government.””

   1 later decision quote this exact passage
   e.g. Coyle v. Smith

3. “a State can • no more impair the obligation of a contract by adopting a Constitution than by passing a law.”

   1 later decision quote this exact passage · from the majority
   e.g. Memphis & Little Rock Railroad v. Railroad Commissioners