Nelms v. Vaughan’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““I understand the distinction between directory and imperative statutes to be that a clause is directory when the provisions contain mere matter of deduction, and nothing more; but not so when they are followed by such words as are used here, viz., that anything done contrary to such provisions shall be null and void to all intents. These words give a direct, positive and absolute prohibition.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Holmes

2. ““A statute directing the mode of proceeding by public officers is to be deemed directory, and a precise compliance is not to be deemed essential to the validity of the proceedings, unless so declared by statute;” citing People v. Cook, 8 N. Y. 87 ( 59 Am. Dec. 451 ).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Holmes

3. ““We are authorized to regard the directions as to form as merely directory, as there is no intimation that they must be done or all will be vitiated, or else no proceedings shall be further had.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Holmes