Kendall v. Malcolm’s Empirical Analysis
1965
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently August 2018 · most notably Maryland Classified Employees Ass'n v. Anderson (1977), Pima County v. Pima County Law Enforcement Merit System Council (2005)
41 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 Pressley v. Industrial Commission · Cox v. Shreveport Packing Co. · State ex rel. Adams v. Burdge · Commercial Life Ins. Co. v. Wright · Magma Copper Co. v. Arizona State Tax Commission
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he powers and duties of an administrative agency are to be measured by the statute creating them”
3 later decisions quote this exact passage“The mere authorization to set up a civil service for its officers and employees does not by implication empower the city lawmaking body to override the charter or to transfer the powers vested in its managing officer to the Civil Service Commission. The commission to be constituted must be one whose powers and duties harmonize with those vested by the charter in the city manager. The merit system, however much it may appeal to us, or however desirable for our municipalities, can be secured only in the manner and by the means appointed in the law. The Civil Service Commission as now established cannot compel the city manager to keep or reinstate appellees. Its investigations, reports and decisions in the matter of dismissals are only advisory, and in aid of a proper, equitable and just exercise of that power by the city manager. He may follow or disregard the commission’s findings, just as he chooses. If it is desirable that the commission’s decisions be binding on the city manager, the qualified electors can accomplish that result by amending the charter as heretofore indicated.”
1 later decision quote this exact passage““The invalidity of an ordinance may be raised by any interested party to litigation where it is asserted that lawful action is dependent on or derived from the organic law. [Mandamus] is available in a proper case to compel public officers to enforce a municipal ordinance, and in such a proceeding the validity of the ordinance may be in issue.””
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.