Smith v. Smith’s Empirical Analysis
2004
Citation profile
1 state decisions
Relationships
Applies 11 U.S.C. § 523 · 28 U.S.C. § 1334
Relies on Ganzevoort v. Russell · Gleaves v. Checker Cab Transit Corp., Inc. · State v. Levandowski · State Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White Eagle · Schering-Plough Healthcare Products, Inc. v. State Board of Equalization
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A conditional judgment is somewhat similar to a default judgment, but is not identical. Both recognize a failure to respond to process. Both provide a possible substitute for evidence. However, there are distinct differences. The default judgment declares an admission of facts alleged in the complaint, but leaves unliquidated damages for future proof. The conditional judgment is what the name implies. It is a threat of final judgment if response should not be forthcoming. It is a means of inducing a response and a threat of a penalty for failure, but it is not a judgment establishing any rights. The conditional judgment is a notification to the garnishee that if he does not make timely answer, the Court will presume that he (the garnishee) is indebted to the judgment in an amount sufficient to satisfy the judgment.”
1 later decision quote this exact passage · from the majority
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.