Nance v. Busby’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 32 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this class oí casos we think the rule of action which should govern the civil eouris, founded in the broad and sound view' of the relations of church mal state, under our system of law’s, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline, or of faith, or ecclesiastical rule, custom, or law have been decided hy the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final, and as binding on them, in their application to the case before them. * * * In this country the full and free right to entertain any religious belief, to practice any religious principle, and to teach any religious doctrine which does not violate the laws of morality and property, and which does not infringe personal rights, is conceded to all. The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. The right to organize voluntary religious associations to assist in the expression and dissemination of any religious doctrine, and to create tribunals for the decision of controverted questions of faith within the association, and for the ecclesiastical government of all the individual members, congregal ions, and officers within the general association, is unquestioned. All who unite themselves to such a body do so with an implied consent to this government, and are hound to submit to it. But it would he a vain consent, and would lead”

   1 later decision quote this exact passage
   e.g. Brundage v. Deardorf

2. ““* * * This church, when sitting in conference was a judicature. It may have erred in construing the usage and practice of the church to justify a proceeding for expulsion without notice to the accused of the charges, and without giving him opportunity to vindicate himself. It, however, proceeded to adjudge excommunication. Its act was the act of the church. Complainants thereafter ceased to be members of this church. We cannot restore their names to the roll, or by mandamus compel recognition as members by the church which has repudiated them. Not being members of this church, they are not beneficiaries under the conveyance by which the church holds its church. They have, therefore, no such status as enables them to question the úse of that property by the defendants. ’ ’”

   1 later decision quote this exact passage
   e.g. Bentley v. Shanks

3. ““When two factions in the same congregation disagree as to which is entitled to the control of the church property, and both sides profess adherence to the same faith and practices, the right must depend upon the will of the majority, unless there be shown some law, regulation, rule, or practice of the church determining otherwise.””

   1 later decision quote this exact passage
   e.g. Partin v. Tucker