Also known as: citations · citational · cite
Written by attorneys — see sources below.
2 senses
A writ or order issued by a court or law enforcement directing a person to appear at a designated time and place to respond to a charge or claim. The document notifies the recipient of pending proceedings and compels attendance under penalty of default or arrest. Failure to respond may trigger additional coercive measures such as a bench warrant.
A writ or order issued by a court or law enforcement directing a person to appear at a designated time and place to respond to a charge or claim. The document notifies the recipient of pending proceedings and compels attendance under penalty of default or arrest. Failure to respond may trigger additional coercive measures such as a bench warrant.
Cascade Manufacturing sold its equipment at a foreclosure auction to Cobalt Energy. The secured party had properly noticed the sale under Article 9. Cobalt Energy took the equipment free of a junior lien held by Crestview Holdings after the court issued a citation compelling Crestview to appear and show cause why its interest should survive.
A reference identifying a legal authority such as a case, statute, or treatise that supports or contradicts a proposition. The reference includes volume, reporter or code, and pinpoint page or section numbers. Courts and advocates rely on such references to establish precedent or statutory text.
Central Hanover Bank published notice of a trust-accounting proceeding in a local newspaper. Beneficiaries who did not receive actual notice challenged the settlement. Counsel cited Mullane to argue that publication alone failed to satisfy due-process requirements for known beneficiaries.
A reference identifying a legal authority such as a case, statute, or treatise that supports or contradicts a proposition. The reference includes volume, reporter or code, and pinpoint page or section numbers. Courts and advocates rely on such references to establish precedent or statutory text.
Each sense below has its own examples, sources, and questions.
Camila Cervantes and Cade Carpenter ended their cohabitation after three years. Camila sued for breach of their oral agreement six months later. The court issued a citation directing Cade to appear and answer, confirming the claim accrued on the date of breach under the applicable limitations period.
Charles Cunningham was personally handed a citation while visiting State A. The citation notified him of a pending child-support proceeding. Because service occurred inside the state, the tribunal acquired personal jurisdiction over the nonresident under the long-arm statute.
Christine Castro filed a parentage action in State B against Cody Callahan, a nonresident. The court issued a citation to Cody under the state's Uniform Interstate Family Support Act section 201. Lack of jurisdiction over one party did not prevent adjudication binding on the other.
3 common questions
A citation is typically a police-issued order to appear for a minor offense such as a traffic violation. A summons is a court-issued document that commands appearance in a civil or criminal case and is usually served with a complaint. Both compel attendance but originate from different authorities.
An error or omission in the citation is not grounds for dismissal or reversal unless the defendant was misled and prejudiced. The indictment must still contain a plain statement of the essential facts constituting the offense.
Personal service of the citation within the state satisfies the first basis for jurisdiction over a nonresident under the Uniform Interstate Family Support Act. Other bases include consent, residence with the child, or direction of the child-support obligation to a resident.
In January 1946, Central Hanover Bank and Trust Company established a common trust fund in accordance with New York Banking Law § 100-c. In March 1947, the bank petitioned the Surrogate's Court for settlement of its first account as common trustee. During the accounting period a total of 113 trusts, approximately half inter vivos and half testamentary, participated in the common trust fund, the gross capital of which was nearly three million dollars. The record does not show the number or residence of the beneficiaries, but they were many and it is clear that some of them were not residents of the State of New York. The only notice given beneficiaries of this specific application was by publication in a local newspaper in strict compliance with the minimum requirements of N.Y. Banking Law § 100-c (12). The notice set forth merely the name and address of the trust company, the name and the date of establishment of the common trust fund, and a list of all participating estates, trusts or funds. At the time the first investment in the common fund was made on behalf of each participating estate, however, the trust company, pursuant to the requirements of § 100-c (9), had notified by mail each person of full age and sound mind whose name and address were then known to it and who was entitled to share in the income therefrom or who would be entitled to share in the principal if the event upon which such estate, trust or fund will become distributable should have occurred at the time of sending such notice. Upon the filing of the petition for the settlement of accounts, appellant was, by order of the court pursuant to § 100-c (12), appointed special guardian and attorney for all persons known or unknown not otherwise appearing who had or might thereafter have any interest in the income of the common trust fund, and appellee Vaughan was appointed to represent those similarly interested in the principal. There were no other appearances on behalf of any one interested in either interest or principal. Appellant appeared specially, objecting that notice and the statutory provisions for notice to beneficiaries were inadequate to afford due process under the Fourteenth Amendment, and therefore that the court was without jurisdiction to render a final and binding decree. Appellant's objections were entertained and overruled, the Surrogate holding that the notice required and given was sufficient. A final decree accepting the accounts has been entered, affirmed by the Appellate Division of the Supreme Court, and by the Court of Appeals of the State of New York. The effect of this decree, as held below, is to settle all questions respecting the management of the common fund. The decree is made binding and conclusive as to any matter set forth in the account upon everyone having any interest in the common fund or in any participating estate, trust or fund.
View caseAfrican-American students in Topeka sought admission to neighborhood schools. The district court upheld segregation under the separate-but-equal doctrine. Counsel cited Brown to argue that separate educational facilities are inherently unequal.
These cases originated in the states of Kansas, South Carolina, Virginia, and Delaware. In each case, minors of the Negro race, through their legal representatives, sought the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis after being denied admission to schools attended by white children under laws requiring or permitting segregation according to race. In the Kansas case, Negro children of elementary school age residing in Topeka brought an action in the United States District Court for the District of Kansas to enjoin enforcement of a Kansas statute which permits cities of more than 15,000 population to maintain separate school facilities for Negro and white students. The three-judge District Court found that segregation in public education has a detrimental effect upon Negro children but denied relief on the ground that the Negro and white schools were substantially equal with respect to buildings, transportation, curricula, and educational qualifications of teachers. In the South Carolina case, Negro children of both elementary and high school age residing in Clarendon County brought an action in the United States District Court for the Eastern District of South Carolina to enjoin enforcement of state constitutional and statutory provisions requiring segregation. The three-judge District Court denied relief, found the Negro schools inferior, and ordered the defendants to begin immediately to equalize the facilities while sustaining the validity of the contested provisions. In the Virginia case, Negro children of high school age residing in Prince Edward County brought a similar action in the United States District Court for the Eastern District of Virginia. The three-judge District Court denied relief after finding the Negro school inferior in physical plant, curricula, and transportation and ordering equalization while upholding the segregation laws. In the Delaware case, Negro children of both elementary and high school age residing in New Castle County brought an action in the Delaware Court of Chancery to enjoin enforcement of state constitutional and statutory provisions requiring segregation. The Chancellor gave judgment for the plaintiffs and ordered their immediate admission to schools previously attended only by white children on the ground that the Negro schools were inferior with respect to teacher training, pupil-teacher ratio, extracurricular activities, physical plant, and time and distance involved in travel. The Supreme Court of Delaware affirmed. The cases reached the Supreme Court on direct appeal under 28 U.S.C. § 1253 or on certiorari. Argument was heard in the 1952 Term, and reargument was heard in the 1953 Term on certain questions propounded by the Court, including the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. In the cases other than Delaware, the courts below found that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other tangible factors. The Supreme Court consolidated the cases for consideration together because a common legal question justified their consideration despite different facts and local conditions.
View case1 common questions
A citation identifies the volume, reporter, and page of a case or the section of a statute so that a reader can locate the authority. Parallel citations list the same case in multiple reporters when required by local rules.
…asserted to justify their abridgment." Poe v. Ullman , 367 U. S. 497, 543 (opinion dissenting from dismissal of appeal) (citations omitted). In the words of Mr. Justice Frankfurter, "Great concepts like . . . liberty' . . . were purposely left to gather meaning from experience. For they relate to the whole domain of…