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← 6 Backes 160 - In Re Davis

In Re Davis’s Empirical Analysis

1930

Citation profile

23
cited by 23 later decisions
1
states following
December 1978
most recently cited

2 federal appellate · 21 state decisions

How this case has been cited

Cited by 23 later decisions — most recently December 1978

2 federal appellate · 21 state decisions

10019301940195019601970decided

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 'The Ku-Klux Cases' Yarbrough · People Ex Rel. Tweed v. . Liscomb · In re Thompson · State ex rel. Gehrmann v. Osborne · Lancaster

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

  1. “* * * Habeas corpus is a collateral attack on the indictment and process under which the accused is held; and accordingly, where the trial court had jurisdiction of the offense and of the person of the offender (which the court of oyer and terminer of Ocean county clearly had), and power to render a particular judgment or sentence in a proper case (which this case undoubtedly is, although the proceedings are in an initial stage and no trial has taken place or judgment rendered), habeas corpus will not lie upon the ground of mere irregularity in the proceedings, rendering them not void, but only voidable. Nor will habeas corpus issue to discharge a prisoner from restraint when the challenge to the jurisdiction of the court below is on the ground that the term was unlawfully continued. Habeas corpus is not a writ of error or other process of review, and, therefore, is not available if the judgment is merely erroneous; and it will not lie because of error or irregularity in drawing, summoning or impaneling the jury, or in discharging them.”
    1 later decision quote this exact passage
  2. “The jurisdiction of a court — its `right to speak' — is its right, or rather its power, to pronounce a particular final judgment or decree as to a particular person in a particular action. If it has no such power then its judgment is void and amounts to nothing.”
    1 later decision quote this exact passage
  3. “It is true, the defendant is restrained of his liberty, and it may be, that he is improperly restrained. But in this case it is not by force or violence; nor yet by mere pretense or color of law.”
    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.