Taylor v. Newblock’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘‘It always has been the theory of the law that punishment should be for a fixed period of time, where it is assessed as a penalty, or if the imprisonment is to compel a witness to testify or to compel a person to do a specific act, then the imprisonment is fixed as of the time when he shall obey the order of the court and perform such act. This view of the law is upheld by numerous authorities and is, wo think, correct in principle.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ex Parte Davis · Ex Parte Williams

2. ““Many decisions are cited for the purpose of showing that all irregularities in the proceedings of the lower court are overlooked in an action of this character, and that the question of the validity of the judgment cannot be inquired into in this manner. AVe shall not take time to discuss these questions, 'as we fully concede the proposition that if the court had the power to render the judgment and such judgment upon its face is valid, and also had jurisdiction of the defendant, the relief sought could only be obtained by appeal; but our statute does require us to determine if the restraint be without authority of law. and if we so find, it then becomes our duty to discharge from such custody. (Statutes 1893, sec. 4567.)””

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Williams

3. ““All judgments must be specific and certain ; they must determine the rights recovered or the penalties imposed. They must be such as the defendant may readily understand and be capable of performing. If his committal had been for a definite period or itntil he should perform a specific act, then the judgment would have been capable of being reviewed on error, but on such' a judgment as this the appellate court cannot know the duration of the imprisonment and determine ■ whether the confinement is reasonable or is oppressive and wrong.””

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte Williams