Bak v. Jones County’s Empirical Analysis
1973
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 2004
20 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 Tobin v. Town Council · Norbeck & Nicholson Co. v. State · Fonder v. City of South Sioux Falls · Hauck v. Bull · Northwestern Sheet & Iron Works v. County of Sioux
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The object the legislature sought to accomplish through the requirement of competitive bidding in making contracts for public corporations is to guard against favoritism, improvidence, extravagance, fraud and corruption. McQuillin, Municipal Corporations, 3d Ed., § 29.29; 63 C.J.S. Municipal Corporations § 995. “ ‘In 43 Am.Jur., Public Works and Contracts, § 26, it is written: “Since they are based upon public economy and are of great importance to the taxpayers, laws requiring competitive bidding as a condition precedent to the letting of public contracts ought not to be frittered away by exceptions, but, on the contrary, should receive a construction always which will fully, fairly, and reasonably effectuate and advance their true intent and purpose, and which will avoid the likelihood of their being circumvented, evaded, or defeated.” ’ ” 87 S.D. at 475 , 210 N.W.2d at 68-69 , quoting Fonder v. City of Sioux Falls, 1955, 76 S.D. 31 , 71 N.W.2d 618 .”
2 later decisions quote this exact passage“‘In view of the reasons underlying public policy as applied to contracts of municipal corporations, to which reference has heretofore been made, it would, in our opinion, be contrary to public policy to allow one to thus evade provisions which have been enacted by law for the protection of the public, to foist upon the municipality materials and services that could not be returned, and then, when the evasion has been discovered and the contracts declared invalid, to recover on the theory that the municipality has received a benefit for which it should pay.... If a recovery be allowed under the facts of this case, we see no reason why contractors will not be encouraged to enter into contracts with municipal corporations which they realize are of very doubtful validity.’”
1 later decision quote this exact passage“`Judicial power is never exercised for the purpose of giving effect to the will of the judge; always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.'”
1 later decision quote this exact passagee.g. State v. Auen
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.