Smith v. Weeks’s Empirical Analysis

Citation profile

1 district · 16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The construction of this statute ought to be strict. It is at best a violent remedy. ... By all rules of construction not only this statute should be construed strictly, but the proceedings under it must follow the statute strictly or no authority is conferred by it. It is a proceeding in which a defendant in a judgment on contract may be imprisoned, and in favor of liberty it should strictly comply with the law. . . . The liberty of the citizen must not be infringed without the strict warrant of law.” Smith v. Weeks, 60 Wis. 94, 107, 108 , 18 N. W. 778 .”

   1 later decision quote this exact passage
   e.g. Rubin v. Schrank

2. ““It does not appear in this recital that the commissioner had any authority to make the order. This was a fatal departure from the statute, and, we think, goes to the jurisdiction of that officer, and, that appearing on the face of the writ, the writ affords no protection to the defendants to make the arrest. They, as all others, are bound to know the law, and must take the risks of unlawful imprisonments when the want of jurisdiction appears upon their process.””

   1 later decision quote this exact passage
   e.g. Rubin v. Schrank