Young v. Geter’s Empirical Analysis

Citation profile

4 federal appellate · 17 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * In some jurisdictions the exemption is regarded as allowed for the benefit of the debtor, while in others it is regarded as in the nature of a police regulation primarily for the benefit of the community. The purpose underlying all exemption legislation is the securing to the unfortunate debtor of the means to support himself and his family, the protection of the family being the main consideration.”

   2 later decisions quote this exact passage
   e.g. Fant v. Miller · 11 So. 2d 56 - Mounger v. Ferrell

2. ““The facts of the case, as certified to by the Court of Appeal, are in substance as follows: O. L. Young, who had leased his farm to the defendant, H. W. Geter, provisionally seized for the payment of his rent the movable property belonging to the defendant found on the leased premises; the defendant claims that from the property seized, the hereinafter described property is exempt from seizure and sale for rent, under the provisions of article 644 of the Code of Practice and the exemption clause of article 2705 of the Revised Civil Code, as amended by Act No. 107 of 1934, viz.: two turning plows; one cultivator; one disc; two sweepstocks; two side harrows; blacksmith shop; one mowing machine ; two wagons; one brown horse mule; one dark bay mule; one gasoline engine; one molasses mill; and six sets of harness. “The first question submitted for our instructions is: ‘Is the pursuit or occupation of farming a “trade” or “profession,” within the meaning of article 2705 of the Civil Code and article 644 of the Code of Practice ?’ “It is provided under article 2705 that ‘the lessor has, for the payment of his rent, * * * a right of pledge on the movable effects of the lessee, which are found on the property leased. * * * But the lessee shall be entitled to retain! out of the property subjected by law to the lessor’s privilege, * * * the tools and instruments necessary for the exercise of the trade or profession by which he gains his living and that of his family.’ And it is provide”

   1 later decision quote this exact passage
   e.g. Fant v. Miller

3. ““ ‘Exemption laws are enacted to prevent the unfortunate citizen from having all the necessaries of life swept away and to ■preserve for him certain things reasonably necessary to enable him to earn a livelihood for himself and family. The sole purpose of all such laws is to protect the citizens of the state from being reduced by financial misfortune to absolute want, and to encourage industry and thrift and the building up of homes by placing beyond the reach of creditors, the homestead and such tools, implements or appliances as a man may require to prosecute his business, whatever his walk in life or his occupation may be. Every man, even the extravagant and improvident, owes a first duty to those immediately dependent upon him. And so the state has an interest that no citizen shall be reduced to a condition of destitution so as to be prevented from prosecuting useful industrial employment for which he may be fitted, and that families shall not be deprived by extravagance or misfortune of the shelter and comforts necessary to health and activity.’”

   1 later decision quote this exact passage
   e.g. Fant v. Miller