Marion v. Marion’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 law there is a marked distinction between the appointment of a receiver with notice and the appointment of a receiver without notice. ‘Appointment of a receiver without notice to the adverse party is one of the most drastic remedies known to the courts and should be exercised only in extreme cases, where the right thereto is clearly shown, and then in the exercise of great caution by the court.’ Shell Petroleum Corp. v. State, Tex.Civ.App., 86 S.W.2d 245, 247 ; Keep ’Em Eating Co. v. Hulings, Tex.Civ.App., 165 S.W.2d 211 . Further, ‘a receiver will not be appointed without notice, if the status of the property can be maintained and the rights of the applicant protected pending a hearing by the issuance of a restraining order or temporary injunction, or by any remedy less drastic than a receivership.’ 36 Tex.Jur. 108; Keep ’Em Eating Co. v. Hulings, supra.””

   1 later decision quote this exact passage
   e.g. Associated Bankers Credit Co. v. Meis

2. “Except where otherwise provided by statute, no receiver shall be appointed without notice to take charge of property which is fixed and immovable. When an application for appointment of a receiver to take possession of this type is filed, the judge or court shall set the same down for hearing and notice of such hearing shall be given to the adverse party by serving notice thereof not less than three days prior to such hearing.”

   1 later decision quote this exact passage
   e.g. Elliott v. Weatherman