United States v. Murphy’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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

1. ““The legal meaning of the word ‘process’ varies according to the context, subject-matter, and'spirit of the statute in which it occurs. The process of the court, in its narrowest sense, means the writs and mandates of the court, under the seal thereof. In this sense it is used ini sections 911 and 912 of the Revised Statutes [Comp. St. §§ 1534, 1535], in the former of which it is provided that ‘ali writs and processes issuing from the courts of the United States shall be under the seal of the court from which they issue, and shall be signed by the clerk thereof,’ and, in the latter, that ‘all process issued from the courts of the United States shall bear teste from the day of such issue.’ In its largest sense, process is equivalent to procedure, including all the steps and proceedings in a cause from its commencement to its conclusion. In Wayman v. Southard, 10 Wheat. 1 , 27 [ 6 L. Ed. 253 ], Chief Justice Marshall, in delivering the opinion of the court, spoke of the words ‘modes of process,’ as contained in section 2 of the act of Congress of September 29, 1789, as follows: ‘To “the forms of writs and executions” the law adds the woras “modes of process.” These words must have been intended to comprehend something more than “the forms of writs and executions.” We have xiot a right to consider them as mere tautology. They have a meaning and ought to be allowed an operation more extensive than the preceding words. The term is applicable to writs and executions, but it is also”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Kinney

2. ““While not including .the whole cause, there can be little or no doubt that it was intended to embrace, among other things, all the means provided by law for compelling one, arrested and held on a criminal charge, to appear in court, there to be judicially dealt with. The section does not in terms restrict ‘process’ to process of the court, and in the absence of such restriction it cannot be so limited by construction.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Kinney