Hentig v. James’s Empirical Analysis

Citation profile

2 federal appellate · 6 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If any execution shall have been issued against the property or effects of a corporation, except a railway or religious or charitable corporation, and there can be found no property whereon to levy such execution, then execution may be issued against any of the shareholders to an extent equal in amount to the amount of stock by him, or her owned, together with any amount unpaid thereon; but no execution shall issue against any stockholder, except upon an order of the court in which such action, suit or other proceeding shall have been brought or instituted, made upon motion in open court, after reasonable notice in writing to the person or persons sought to he charged, and upon such motion such court may order execution to issue accordingly; or the plaintiff in the execution may proceed by action to charge the stockholders with the amount of his judgment.””

   1 later decision quote this exact passage · from the majority
   e.g. Rhodes v. United States Nat. Bank

2. ““Under this statute the judgment creditor of the corporation has two modes of procedure against a stockholder upon the return of his execution against the corporation nulla bona. He may obtain by motion, after reasonable notice, the issuance of an execution from the court in which the action is brought 'against the stockholder; or he may proceed by action to charge the stock'holders with the amount of his judgment. The former is a summary proceeding; the latter is a more formal one.””

   1 later decision quote this exact passage · from the majority
   e.g. Rhodes v. United States Nat. Bank

3. ““The concluding provision of said section 82 plainly prescribes that if the creditor wishes to make the stockholder a judgment debtor ,with ail that term ¡implies, he may proceed by action, and charge the stockholder with the amount of his judgment against the corporation.””

   1 later decision quote this exact passage · from the majority
   e.g. Rhodes v. United States Nat. Bank