clear and necessary intendment
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 81 U.S. 15 - Steings v. Franklin County · 1871Most cited · 38 citing opinions
Clear and necessary intendment that the question was raised and must have been decided as claimed, in order to have induced the judgment, is sufficient, but it is not sufficient to show that such a question might have arisen and been applicable to the case, unless it appears in the record that it did arise and was applied by the State court in disposing of the controversy.
How often courts cite the case defining “clear and necessary intendment”
Court decisions citing the opinion that defined “clear and necessary intendment” — 38 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.