Stephenson v. Daly’s Empirical Analysis
1927
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently November 1992
2 federal appellate · 19 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 Hopt v. People of the Territory of Utah · Ex parte Lange · Ex Parte Nielsen · 'The Ku-Klux Cases' Yarbrough · Ex parte Reed
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . Where it is alleged that there are radical jurisdictional defects, sufficient to render the judgment void and subject to collateral attack, and that such lack of jurisdiction can be determined from the record (The record proper is the petition and return) habeas corpus is the proper remedy. Want of jurisdiction over the person or subject-matter is always ground for such relief. If the court has acted without such jurisdiction, the judgment is absolutely void, and one who is imprisoned under and by virtue of such a void judgment may be discharged from custody on habeas corpus. (Many authorities).””
1 later decision quote this exact passage · from the majoritye.g. DeHart v. Blande“It does not here appear that the Hamilton Circuit Court considered or determined the question which is now raised as to its jurisdiction, but it does not matter whether or not that court decided that it had authority to try and determine the case, because, if no such power existed in the court, its decision would not give it the power. Its judgment may be questioned anywhere for want of jurisdiction. Bailey, Habeas Corpus 80.”
1 later decision quote this exact passage · from the majority“Statutes such as § 1200 Burns 1926, providing substantially that courts shall not, in habeas corpus actions, inquire into the legality of any final judgment `of a court of competent jurisdiction' have uniformly been held not to preclude inquiry into the question as to whether the court had jurisdiction. 29 C.J. 55, note 55.”
1 later decision quote this exact passage · from the majority
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.