Wallace, Smuin & Co. v. McLaughlin’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““How is it possible, in this summary way, without an opportunity to be heard, and in the absence of some of the parties, without issues, for the court or referee to determine the questions of fact which ought to be heard only in regular actions, and perhaps before a jury? It is clear from the record that ‘persons and corporations claimed an interest in the property adverse to the judgment debtor.’ That being true, the court had no authority to determine the conflicting claims. And the rule is not different where the property is in the hands of the judgment debtor. The purpose of the statute referred to is to aid the judgment creditor in discovering property or assets belonging to the judgment debtor, and to secure the application of the same to the satisfaction of his claim, without delay or an independent suit; and it would be a gross perversion of the statute to hold that in supplemental proceedings the court can exercise all the powers of a court of equity, and pass upon questions of fact, the determination of which, under our system of jurisprudence, rests with a jury.””

   1 later decision quote this exact passage
   e.g. Cleverly v. District Court of Second Judicial Dist. Ex Rel. Davis County

2. “where it is clearly apparent to the court that there is a simulated controversy, and that there is absolutely no foundation for an adverse claim to the property in controversy, and where the assertion of such a claim would be so clearly a pretense and evidence of fraud as to be tantamount to a disclaimer of interest, then the court can order its application to the judgment creditors' demand.”

   1 later decision quote this exact passage
   e.g. Ross v. Barnett

3. ““The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment.””

   1 later decision quote this exact passage
   e.g. Cleverly v. District Court of Second Judicial Dist. Ex Rel. Davis County