Lynch v. Johnson’s Empirical Analysis
1954
Citation profile
6 federal appellate · 46 state decisions
How this case has been cited
Cited by 75 later decisions — most recently October 2017 · most notably American Bankers Insurance v. Maness (1996), 200 W. Va. 667 - Keesecker v. Bird (1997)
6 federal appellate · 46 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas Poindexter · Ayres v. Harleysville Mutual Casualty Co. · Barnes v. American Fertilizer Co. · Harrison v. Pepper · Combs v. Hunt
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] proceeding in garnishment is substantially an action at law by the judgment debtor in the name of the judgment creditor against the garnishee, and therefore the judgment creditor stands upon no higher ground than the judgment debtor and can acquire no greater right than such debtor... possesses.”
4 later decisions quote this exact passage · from the majority““Hence, it may be said generally, if any person insure his own interest in property in his own right and at his own expense, then he is entitled to the insurance proceeds and the owner of any other interest in that property has no claim to such proceeds; and if the insurance so procured exceeds the value of the insured’s insurable interest, then the excess is of no concern to any other person who also has an interest in the property, but is a question exclusively between the insured and the insurer. On the other hand, if any person own an insurable interest in property which is insured for his benefit under any agreement or obligation by some other person, then such owner has an enforceable claim against the proceeds of that insurance. When the persons for whose benefit insurance is secured are not named, or are imperfectly or improperly named in the policy, the identity of such persons may be shown by extrinsic evidence. Morotock Ins. Co. v. Cheek, 93 Va. 8 , 24 S.E. 464 ; Boyd v. McKee, 99 Va. 72 , 37 S.E. 810 ; 29 Am.Jur., Insurance, § 205, p. 214; Law of Ev., Va. and W. Va., (Michie, 1954), § 246.” Supra 84 S.E.2d p. 423.”
2 later decisions quote this exact passage · from the majority““The word ‘garnishment’ is derived from the Norman French Word ‘garnir,’ meaning to warn, (citations omitted). Thus, a summons of garnishment under our statutes is a warning to the garnishee not to pay the money or deliver the property of the judgment debtor in his hands, upon penalty that if he does he may subject himself to personal judgment.’’”
2 later decisions 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.