Solomon v. Davenport’s Empirical Analysis

Citation profile

4 federal appellate · 3 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But this provision is for the benefit of the parent or guardian. It means simply that the government will not disturb the control of parent or guardian over his or her child without consent. It gives the right to such parent or guardian to invoke the aid of the court and secure the restoration of the minor to his or her control; but it gives no privilege to the minor. The age at which an infant shall be competent to do any acts or perform any duties, military or civil, depends upon the Legislature. * * * Congress has declared that minors over the age of 16 (14 in the navy) are capable of entering upon the military service and undertaking and performing its duties. “An enlistment is not a contract only, but effects a change of status. * * * It is not, therefore, like an ordinary contract, voidable by an infant. At common law an enlistment was not voidable, either by the infant or his parents or guardians [citing eases]. In this case the parent never insisted upon her right of custody and control, and the fact that he had a mother living at the time is therefore immaterial. The contract of enlistment was good so far as the petitioner is concerned. He was not only de facto, but de jure, a soldier — amenable to military jurisdiction.””

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Hendricks v. Pendleton