Merrill v. Carpenter’s Empirical Analysis
1993
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently July 2018
10 state decisions
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 City of Houston v. Clear Creek Basin Authority · Supreme Court of Virginia v. Consumers Union of the United States, Inc. · Mafrige v. Ross · Steele v. City of Houston · Director of the Department of Agriculture & Environment v. Printing Industries Ass'n of Texas
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A commissioners court in passing its orders functions in a legislative capacity and is therefore absolutely immune. An officer such as a sheriff who is required to carry out the orders of a court shares in the immunity of the ordering court. We hold that in this case the sheriff is merely carrying out his duties with respect to an order of the commissioners court. Although the commissioners were acting in their legislative capacity, rather than in a judicial capacity, we hold that the sheriff, who was merely carrying out their directives, shares in that immunity.”
1 later decision quote this exact passage“1. The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. 2. In deciding whether there is a disputed material fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. 3. Every reasonable inference must be indulged in favor of the nonmovant and any doubts resolved in its favor.”
1 later decision quote this exact passage“If any officer named in this title or in Chapter 118, Local Government Code, shall demand and receive any higher fees than are prescribed to them in this title, or any fees that are not allowed by this title, such officer shall be liable to the party aggrieved for fourfold the fees so unlawfully demanded and received by him. 4”
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.