Erwin v. United States’s Empirical Analysis

Citation profile

5 federal appellate · 7 district · 6 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This item * * * is eonfined to instances only where the prisoners have been committed by commissioners for trial to the jails of counties where the court is being held. After the marshal has executed the commissioner’s mittimus writ, it is returned to the commissioner, and a copy transmitted to the clerk. Rev. St. § 1014. The writ upon its return is functus officio, and no further service can be had under it The copy filed with the jailer is his. The marshal cannot take the prisoner from such jail, and transport him, it may be for a long distance, without process. Nor do I think that section 1030 of the Revised Statutes applies to such cases. It is as follows: ‘No writ is necessary to bring into court any prisoner or person in custody, or for remanding him from the court into custody, but the same shall be done on the order of the court or district attorney, for which no fee shall be charged by the clerk or marshal.’ This provision, and section 877, Rev. St.; above quoted, are taken from section 3 of the act of February 26, 1853 ( 10 Stat. 169 ), and were originally a single clause, the first sentence of which applied to the summoning of witnesses generally on behalf of the United States, their attendance before the grand and petit juries, as required by the court or district attorney, until discharged by the court or district attorney. Then follows the provision in question that ‘no writ shall be necessary to bring into court any prisoner or person in custody [meaning, of c”

   1 later decision quote this exact passage
   e.g. Puleston v. United States

2. “When a case has been disposed of and the witnesses are discharged by the district attorney from further attendance, they report to the clerk’s office. The clerk then ascertains the exact amount due them for attendance and mileage, by examination of their subpoenas, questioning them as to the place from which they have travelled, and comparing their statements with a table of distances kept' in his office for that purpose, and the witness is sworn on a jurat drawn on his subpoena ticket to the correctness of his claim. If any doubtful question arises it is referred to the presiding judge for his decision. The days attended, mileage and amounts due the respective witnesses are then entered on a report, which is signed by the clerk and submitted to the court for its approval.”

   1 later decision quote this exact passage
   e.g. United States v. King