Ex parte Biggers’s Empirical Analysis

Citation profile

61 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[I]f the matter complained of as constituting contempt, when fairly interpreted, does not have a reasonable tendency to degrade or to embarrass or hinder ... it is not a criminal contempt ... when an intent to offend is denied under oath."”

   2 later decisions quote this exact passage
   e.g. 592 So. 2d 753 - Scrimshaw v. State · 405 So. 2d 228 - Scott v. Anderson

2. ““In contempt proceedings at common law the general rule is that if the matters complained of were not perpetrated in the presence of the court or judge or so near the court or judge as to impede or embarrass judicial procedure, the rule issued to the accused to show cause why he should not be punished for contempt, should be predicated upon affidavits of those who have personal knowledge of the facts alleged as the contempt. If the charge is not so predicated the rule should be discharged or quashed upon appropriate motion. See 13 C. J. 64, et seq.””

   1 later decision quote this exact passage
   e.g. Ex Parte John D. Crews

3. ““In the Biggers case, supra, this Court stated: “The general common law of England is in force in this State except where it is “inconsistent with the Constitution and laws of the United States and the Acts of the legislature of this State.” Sec. 71 Rev. Gen. Stats. 1920. “There are no statutes regulating the procedure in contempt cases in this State.””

   1 later decision quote this exact passage
   e.g. Croft v. Culbreath