State ex rel. Fatzer v. Molitor’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In an action to enjoin defendants from engaging in an unlawful practice of lending money at usurious rates of interest and for the appointment of a receiver to take possession of and assume control over defendants’ business where the appeal is from the order appointing a receiver and from no other order, the record is examined and it is held that (a) this appeal in no way involves the power of the state to obtain an order enjoining the defendants from engaging in an alleged unlawful practice; (b) the sole issue presented by this appeal is whether a receiver was properly appointed to take complete possession of and control over defendants’ property; (c) a receiver to take possession of and dominion over the property of a defendant may only be appointed upon evidence; (d) such evidence by the usages of courts of equity may be by witnesses or affidavits; (e) in such a case a petition properly verified may be used as evidence; and (/) a petition verified on information and belief only is not an affidavit and is no evidence whatever upon which to base the appointment of a receiver.” (Syl.)”

   1 later decision quote this exact passage · from the majority
   e.g. State ex rel. Fatzer v. Doe

2. “"A petition verified on information and belief only is not an affidavit and is not evidence.... The reasoning is simple, a witness would not be permitted from the witness stand to testify to a fact upon his information and belief. By the same token his affidavit on information and belief only will not be given the weight accorded sworn testimony." State, ex rel. Fatzer v. Molitor , 175 Kan. 317 , 325, 263 P.2d 207 (1953) (finding a petition verified on information and belief an insufficient base upon which to appoint a receiver).”

   1 later decision quote this exact passage · from the majority
   e.g. In re Marriage of Bahlmann