Overholser v. Treibly’s Empirical Analysis
147 F.2d 705 · 1945
Citation profile
24 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 31 later decisions — most recently September 1966 · most notably Dorsey v. Gill (1945), Dorsey v. Gill (1945)
24 federal appellate · 4 district · 1 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
Applies 24 U.S.C. § 191 · 24 U.S.C. § 196A · 28 U.S.C. § 452 · 28 U.S.C. § 461
Relies on Virginian Ry Co v. System Federation No 40 · Ex Parte Hawk No - on Rule to Show Cause and Return · Burrus · Ex Parte Milligan · United States v. Murray
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Not only in respect to transactions, but in relation to litigation, elementary conceptions require that he [the insane person] be represented by another mentally and legally competent. Due process would seem to require this when his rights are involved in court. It is the court's duty, therefore, when a sufficient petition has been filed and its power thereby brought into play, to appoint either a guardian or counsel to represent the petitioner in the further stages of the proceeding.” 3”
1 later decision quote this exact passage“The Government argues that the Act creating the Commission does not authorize it to make reports and recommendations in cases where the alleged insane person has been legally committed and later seeks release on the ground of restoration of mental health. But we think this begs the question. * * * No specific provisions in the act require the strict interpretation suggested by the government. It is inconsistent with the background and general purposes of the legislation.”
1 later decision quote this exact passagee.g. Dorsey v. Gill““ * * * Even though it appears factually upon a habeas corpus hearing that a petitioner is insane, nevertheless, if he has been confined under a void statute or a void proceeding, he is entitled to an order of discharge so far as his then confinement is concerned. * * * ””
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.