Smith v. Gore’s Empirical Analysis

Citation profile

1 district · 12 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law does not, in express terms, in any case exempt money or credits, merely because they are proceeds of a homestead. They are exempted only by a sort of equitable fiction drawn from the spirit of the homestead-exemption laws, and adopted for the purpose of enabling persons to change their homesteads when they desire. This sort of exemption, however, is not allowed in several of the states. (Thompson on Homesteads, § 748 to § 751.)””

   1 later decision quote this exact passage · from the majority
   e.g. State Department of Social Welfare v. Carlson

2. ““But we think the intention to use the proceeds in procuring another homestead should be formed at or before the time of the sale, and, the intention should be to procure another homestead with the proceeds immediately. It would not do to form the intention two years after the sale, nor would a present intention to procure the homestead two years afterwards be sufficient.” (p. 490.)”

   1 later decision quote this exact passage · from the majority
   e.g. First National Bank v. Dempsey

3. “all debts which are not liens upon the homestead, so long as the debtor expects and intends to use such proceeds in. procuring another homestead”

   1 later decision quote this exact passage · from the majority
   e.g. Field v. Goat