State v. Hendricks’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is also contended that the bond was not ordered or accepted by the justice of the peace, and that the sheriff accepted the bond without a written order from the magistrate. The minutes of the justice of the peace court show •that the bond was ordered and the amount thereof fixed by the magistrate, and his testimony and that of the sheriff both show that ■the latter was authorized by the justice of the peace to accept the bond. A verbal order to that effect was sufficient, and no authority can be invoked to show that a written order would be necessary to legalize such ■ a bond. But as ¡several of these objections involve only alleged irregularities, the surety is estopped from urging them by the fact, as shown by the sheriff’s return and also by the minutes of the magistrate’s court, that the accused was in actual ■custody when the bond was executed, and that he was thereby released. Having reaped the .advantages and realized the object of the bond, the parties cannot be allowed to avoid its effect or be heard to gainsay the regularity of the proceeding.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bertrand