Public-domain · open source
OpenJurist
← 116 Ind. App. 206 - Williams v. Lyddick

116 Ind. App. 206 - Williams v. Lyddick’s Empirical Analysis

1945

Citation profile

5
cited by 5 later decisions
1
states following
July 2005
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently July 2005

5 state decisions

201945195019601970198019902000decided

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 Sharpe v. Baker · First Nat. Bank of Goodland v. Pothuisje · Echelbarger v. First Natl. Bank of Swayzee · 98 Ind. App. 587 - White v. White · Jackson v. Swope

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

  1. “‘‘We are aware that the Supreme Court has held that the immunities that accrue to bankrupts by reason of their discharge do not protect a bankrupt husband and wife against seizure and sale of entirety property in satisfaction of a joint judgment when the particular entirety property so seized constituted the basis for the credit extended to such husband and wife when the joint debt represented by the judgment was created. First Nat. Bank of Goodland v. Pothuisje (1940), 217 Ind. 1 , 25 N. E. (2d) 436. We are further aware that the Supreme Court has said that the lien of a joint judgment, which has attached to entirety property, is not destroyed by. the individual discharge in bankruptcy of both the husband and wife. Echelbarger v. First Nat. of Swayzee (1937), 211. Ind. 199, 5 N. E. (2d) 966. Neither of these decisions, however, can be construed to hold that the individual property of a husband or wife, each of whom has been discharged in bankrupty (sic), can be seized and sold to satisfy a joint judgment against them in personam. In fact these holdings are quite the contrary and ip each of them there is recognition of the principle that the individual discharge in bankruptcy of a husband and wife destroys the personal and several liability of each of them arising out of a joint judgment. “It is clear to us that the lower court exceeded its power when it authorized the issuance of an execution under the direction of which the sheriff of Lake County can seize and sell the indi”
    1 later decision quote this exact passage

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.