Marmaduke v. McMasters’s Empirical Analysis

Citation profile

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

1. ““Judge Tuoker, in his Commentaries (2 vol. 107), maintains that it is the duty of the garnishee, if he have notice at any time before the money is paid over, although after judgment, to institute proceedings to prevent the execution of the sentence, and that if he fail to do so, he will be liable. This assumes that if the garnishee first come to the knowledge of the assignment after judgment against him, he is entitled to be relieved against the execution of the sentence; but whether this court would go that length in relieving a garnishee, without notice of the assignment, and therefore without fault, or would hold that the rights of the attaching creditor and garnishee were fixed by the judgment obtained in good faith and1 without collusion, is left for future discussion and decision, when the necessary fact shall be found and brought before the court, if it should then arise in the case.””

   1 later decision quote this exact passage · from the majority
   e.g. 227 Mo. App. 965 - Great Lakes Coal & Coke Co. v. Segall