Rainer v. Moseley’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * we find no provision in our statute which authorizes the revival of a judgment recovered against a deceased debtor to be revived against the heirs at law of such debtor by scire facias. The provisions of the statute for revival of judgments executions thereon are embodied in Article 8, Title 7, Code of 1940, embodying §§ 574 to 583, inclusive. The judgment though dormant can only be revived at law by an action thereon, yet it is sufficient basis to support a bill by a judgment creditor or even a common creditor for discovery and relief. May, Adm’r v. Parham, Adm’r, 68 Ala. 253 ; McClintock v. McEachin, 246 Ala. 412 , 20 So.2d 711 . And in such a proceeding the heirs at law as well as the personal representative of the estate have ample opportunity to protect whatever interest they may have. Reynolds v. Crook, 95 Ala. 570 , 11 So. 412 ; Perkins, Livingston & Post v. Brierfield Iron & Coal Co., 77 Ala. 403 ; Fleming v. Fowlkes & Myatt Co., 204 Ala. 284 , 85 So. 690 ; Enslen, Adm’r v. Wheeler, Adm’r, 98 Ala. 200 , 13 So. 473 . “The only provision in the statute so far as we have been able to find or which has been called to our attention which authorizes a revival of a judgment of a deceased debtor by scire facias is § 132, Title 61, Code of 1940, which authorizes such revival against his personal representative.” 255 Ala. at page 256 , 51 So.2d at page 247 .”

   1 later decision quote this exact passage
   e.g. Carr v. Cowan