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← 53 ALA 546 - Ex parte Trice

Ex parte Trice’s Empirical Analysis

1875

Citation profile

10
cited by 10 later decisions
2
states following
November 1982
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently November 1982

10 state decisions

30187518801890190019101920193019401950196019701980decided

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 Gunn v. Howell · Eslava v. Lepretre · McCurry v. Hooper · Johnson v. Johnson's Adm'r · Ex parte Peterson

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

  1. ““* * * The words ‘in confinement’ are used to import those who are imprisoned in the county jail, awaiting a final trial, or in the actual custody of the officers of the law, as distinguished from those not having been arrested, or, having been arrested, have been discharged from arrest on bail. It is true that a man’s bail are looked upon as his jailers of his own choosing, and for some purpose he is esteemed to be in their custody, and in the prison of the court. This, however, is rather a legal fiction, indulged to secure to the bail the ample right by law to detain the principal, and to surrender him in discharge of their recognizance or obligation. ‘Admission to bail’ is defined by the statute as ‘the order of a competent court, magistrate, or officer, that the defendant be discharged from actual custody on bail.’ R.C. § 4322 (sic., 4232). When so discharged, he is not ‘in confinement,’ within the meaning of the statute, under which the circuit judge was proceeding.” (Parenthesis added.) Ex parte Trice, 53 Ala. 546, 548 . See also, Ex parte Garrett, 262 Ala. 25 , 76 So.2d 681 .”
    1 later decision quote this exact passage

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.