Fink v. O'Neil’s Empirical Analysis
106 U.S. 272 · 1882
Citation profile
76 federal appellate · 21 district · 29 state decisions
How this case has been cited
Cited by 212 later decisions (18 by the Supreme Court) — most recently August 2016 · most notably United States v. Bess (1958), Guaranty Trust Co of New York v. United States (1938)
76 federal appellate · 21 district · 29 state decisions — followed in 16 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on M'Culloch v. State of Maryland · Martin Fairfax v. Hunter's · Wayman v. Southard · Tennessee v. Davis · Plowden Weston v. The City Council of Charleston
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 212 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Nothing can be more clear than this [referring to section 1042, Rev. St.] as a recognition by congress that in case of execution upon judgments in civil actions the United States are subject to the same exemptions as apply to private persons by the law of the state in which the property levied on is found: and that, by this provision in favor of poor convicts, it was intended, even in cases of sentences for fines for criminal offenses against the laws of the United States, that the execution against property for its collection should be subjected to the same exemptions as in civil cases.””
2 later decisions quote this exact passage · from the majority“[t]he privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted.”
2 later decisions quote this exact passage““Sec. 6. That in common-law causes in the circuit and district courts of the United States the plaintiff shall be entitled to similar remedies, by attachment or other process against the property of the defendant, which are now provided for by the laws of the state in which such court is held, applicable to the courts of such state; and such circuit or district courts may, from time to time, by general rules, adopt such state laws as may be in force in the state in relation to attachments and other process; and the party recovering judgment in such cause shall be entitled to similar remedies upon the same, by execution or otherwise, to reach the property of the judgment debtor, as are now provided by the laws of the state within which said circuit or district courts shall be held in like causes, or which shall be adopted by rules as aforesaid: provided, that similar preliminary affidavits or proofs, and similar security as required by such laws, shall be first furnished by the party seeking such attachment or other remedy.” 17 Stat. 197 .”
1 later decision quote this exact passage · from the majoritye.g. Clark v. Allen
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.