Merrill v. Phelps’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 24 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(a) To direct the jurors to their places in the jury box while impanelling the jury; "(b) To maintain order and decorum in the court room at all times during the sessions of the court; "(c) To prevent the effacing and destruction of the furniture and fixtures in the court room; "(d) To see that such court room is properly lighted, ventilated and heated; "(e) To take charge of the jury when under the rule and after the case has been finally submitted, and to see that no one communicates with the jury during its deliberations; "(f) To wait upon the judge while upon the bench and to convey to the judge and to lawyers such law books as they may request; "(g) To keep the corridors clear when the court room is crowded and to keep order therein; "(h) To call witnesses into the court room and answer telephone calls at all times; "(i) To call attorneys and others whose attendance upon the court are required; and "(j) To do numerous other duties not here-inabove specifically mentioned and set out.””

   1 later decision quote this exact passage
   e.g. 173 W. Va. 228 - In Re Pauley

2. “[I]t may be said that to permit one public officer to appoint a deputy, who is nevertheless by law subject to the exclusive control of another officer, in so far as certain of his duties are concerned, is bound to give rise to such a conflict in authority and so much friction and bad feeling, that it will hamper the court in the performance of its duty. We think this is a non-sequitur. Public officers are all presumed to be servants of the public, working harmoniously together in the interest of their employer, and willing to lay aside their own personal feelings in the interest of the better transaction of public business.... We think that so long as the judge has the final decision as to whether the attendants chosen by the sheriff are sufficient in number and of such a character so that the things which the court thinks are necessary for these attendants to do are done, the essential dignity of the court is protected and an orderly and proper transaction of business is assured.”

   1 later decision quote this exact passage
   e.g. 173 W. Va. 228 - In Re Pauley

3. “Under the common law of England, the judges did not sit solely in certain particular territorial areas. Their jurisdiction extended to all parts of the country, and they held court part of the time at Westminster, and part of the time in such places as the business of the nation required. When they exercised the latter function, it was the custom from time immemorial that the sheriff of the county in which the court was to be held, who was the chief administrative officer of that county, met the judge as he entered the county and from that time on furnished him all attendants and other conveniences necessary to carry on the business of the court, obeying its orders in all respects as to what was done.”

   1 later decision quote this exact passage
   e.g. 173 W. Va. 228 - In Re Pauley