256 Pa. Super. 303 - Shrawder v. Quiggle’s Empirical Analysis
1978
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 23 later decisions — most recently July 2013
2 federal appellate · 19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Union Nat. Bk. of Ptgh. v. Crump · 170 Pa. Super. 326 - Hoffman Lumber Co. v. Mitchell · Luskey v. Steffron, Inc. · Philip Green & Son, Inc. v. Kimwyd, Inc. · 221 Pa. Super. 391 - National Council of Junior Order of United American Mechanics of United States of North America v. Zytnick
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the judgment creditor shall fail to present a petition to fix the fair market value of the real property sold within [six months], the debtor, obligor, guarantor or any other person liable directly or indirectly to the judgment creditor for the payment of the debt, or any person interested in any real estate which would, except for the provisions of this section, be bound by the judgment, may file a petition, as a supplementary proceeding in the matter in which the judgment was entered, in the court having jurisdiction, setting forth the fact of the sale, and that no petition has been filed within the time limited by statute after the sale to fix the fair market value of the property sold, whereupon the court, after notice as prescribed by general rule, and being satisfied of such facts, shall direct the clerk to mark the judgment satisfied, released and discharged.”
1 later decision quote this exact passage““. . . to remedy the ‘inequity that an execution creditor could purchase real estate for a nominal amount at a forced sale and still retain the full amount of judgment against the debtor. The solution to this problem was to reduce the judgment by the fair market value of the property instead of the actual sale price.’” Philip Green and Son, Inc. v. Kimwyd, Inc., 410 Pa. 202, 205 , 189 A. 2d 231, 232-233 (1963). “Hence the Act gives the judgment debtor the right to answer the petition to fix fair market value and aver different facts from those averred by the creditor.” Shrawder v. Quiggle, 256 Pa. Superior Ct. 303, 310 , 389 A. 2d 1135, 1139 (1978).”
1 later decision quote this exact passage“‘[T]he Court remains in charge of the execution and of the sanctions provided by the Act, which keep the execution plaintiff under the shadow of losing his judgment and presenting the debtor with an irrebuttable presumption of full payment in kind.’”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.