King & King v. Porter’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that the jurisdiction in the trial court in proceedings of . garnishment is that of the original suit. The question here presented is: Is appellate jurisdiction in garnishment proceedings the same as that of the original suit? “We think so. A garnishment proceeding is ancillary to and a part of the principal action, and not only must it be brought in the court of the principal action, but when brought after final judgment in the original suit, the court will take judicial knowledge of such judgment. Kelly v. Gibbs, 84 Tex. [143] 148, 19 S. W. [380] 563. Thus its justification and efficacy are grounded in the original action. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Byers v. Comer

2. ““A garnishment is not an original suit, but ancillary to the main one, and for that reason takes its jurisdiction from the main suit. It being ancillary to and a part of the main suit, its jurisdiction is a part of the main suit, both on trial of issues and on appeal. It is necessary for an appellate court to have jurisdiction of the principal action in order to give it jurisdiction in garnishment proceedings.””

   1 later decision quote this exact passage · from the majority
   e.g. Barnes v. Dixie Fire Ins. Co.