Davis v. Whitehead’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Upon an investigation of the authorities we find the better rule is that an injunction will not issue restraining the holding of an election. It is beyond the power and authority of the courts to- dictate to the officers of the people that they should not hold an election; and this rule is almost uniformly adhered to where the complaining party has an adequate remedy at law. If the courts would assume jurisdiction to restrain the officers of the people from calling and holding elections through fear that some imaginary wrong may be done to the complainant objecting to the holding of the election, then the people and their officers would be entirely subservient to the courts and the rights of the people to express their sentiments upon matters of governmental policy, and the administration of their public affairs through assembly and elections would he at the mercy of the courts. The law does not favor such a course of procedure. City Council of McAlester v. Milwee, 31 Okla. 620 . 122 Pac. 173 , 40 L. R. A. (N. S.) 576; Fletcher v. Tuttle, 151 Ill. 41 , 37 N. E. 683 , 25 L. R. A. 143, 42 Am. St. Rep. 220 ; Shoemaker v. City of Des Moines et al., 129 Iowa, 244 , 105 N. W. 520 , 3 L. R. A. (N. S.) 382.””

   1 later decision quote this exact passage
   e.g. McAlister v. State Ex Rel. Short