Ray v. Paramore’s Empirical Analysis

Citation profile

2 federal appellate · 16 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * The statutes nowhere provide that a garnishee may become liable for something which has its origin in transactions subsequent to the service of the writ of garnishment. The sections authorizing the use of the writ indicate that the liability of the garnishee must be determined as of the date •of the service of the process. * * * If the service of the writ did not affix a lien at the date of its service, no lien could attach by reason of the subsequent acts of the garnishee, nor by reason of his having subsequently become indebted to the defendant. The statutes provide for successive garnishments. If a writ once served would reach all property and debts thereafter coming into existence prior to trial, there would be no use for successive garnishment. By a delay of ’ the trial, every garnishable debt arising over a course of years could be reached. This would result in unreasonable vexation, which the law does not tolerate. We conclude that only such funds as were owing absolutely and beyond contingency, whether presently due or not, at the time the garnishment summons was served, could be lawfully impounded. * * *””

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

2. “The judge after the hearing provided herein may order any property of the judgment debtor, not exempt by law, in his possession or under his control to be applied toward the satisfaction of the judgment, and may enforce the same by proceedings for contempt in case of refusal or disobedience. The judge may further order the judgment debtor to pay to the judgment creditor or apply on the judgment in installments, such portion of his nonexempt income, however or wherever earned or acquired, as the court may deem proper after due regard for any payments required to be made by the judgment debtor by virtue of law or prior order of a court or under wage assignments outstanding. * * * The court may, from time to time, modify an order made under this section upon application of either party upon notice to the other. A failure or neglect to comply with an order of direction of the court, shall be punished as for contempt.”

   1 later decision quote this exact passage · from the majority
   e.g. Freeman v. Heiman

3. ““All subsequent proceedings against the garnishee shall be the same as in cases of attachment, so far as applicable.””

   1 later decision quote this exact passage · from the majority
   e.g. First Nat. Bank of Cordell v. City Guaranty Bank of Hobart