315 F. Supp. 716 - Laprease v. Raymours Furniture Company’s Empirical Analysis

Citation profile

10 federal appellate · 4 district · 15 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The argument that the Fourth Amendment does not apply, is supported by neither good sense nor law. If the Sheriff cannot invade the privacy of a home without a warrant when the state interest is to prevent crime, he should not be able to do so to retrieve a stove or refrigerator about which the right to possession is disputed, (at page 722.)”

   2 later decisions quote this exact passage · from the majority
   e.g. 423 F. Supp. 1033 - Hamrick v. Ashland Finance Co. of W. Va. · 346 F. Supp. 119 - Miloszewski v. Sears Roebuck & Co.

2. ““ § 7102. Seizure of chattel on behalf of plaintiff. “(a) Seizure of chattel. When the plaintiff delivers to a sheriff an affidavit, order of seizure and undertaking and, if an action to recover a chattel has not been commenced, a summons and complaint, he shall seize the chattel in accordance with the provisions of the order and without delay. “(b) Service. The sheriff shall serve upon the person from whose possession the chattel is seized a copy of the affidavit, order of seizure and undertaking delivered to him by the plaintiff. Unless the order of seizure provides otherwise, the papers delivered to him by the plaintiff, shall be personally served by the sheriff on each defendant not in default in the same manner as a summons or as provided in section 314; if a defendant has appeared he shall be served in the manner provided for service of papers generally. * * * “(d) Order of seizure. 1. Upon presentation of the affidavit and undertaking and upon such terms as may be required to conform to the due process of law requirements of the fourteenth amendment to the constitution of the United States, - the court shall grant an order directing the sheriff of any county where the chattel is found to seize the chattel described in the affidavit ”.”

   1 later decision quote this exact passage · from the majority
   e.g. Long Island Trust Co. v. Porta Aluminum Corp.

3. “Procedural due process requires that notice and an opportunity to be heard be provided the alleged debtor before his property is seized pursuant to Article 71, or at least that the creditor present to a judicial officer the circumstances allegedly justifying summary action. Article 71’s failure to so provide renders it unconstitutional as violative of pr^feural due process. [315 F.Supp. at Sk first emphasis in original; secolfc, emphasis supplied.] -X- * * * * *- In conclusion, we hold that the provisions of Article 71 permitting the prejudgment seizure of chattels by the plaintiff in a replevin action without an order of a judge or of a court of competent jurisdiction, are unconstitutional in that they violate the search and seizure provisions of the Fourth Amendment, made applicable to the states under the Fourteenth Amendment, and the provisions further violate the procedural due process, requirements of the Fourteenth Amendment, [at 725.]”

   1 later decision quote this exact passage · from the majority
   e.g. 322 F. Supp. 645 - Wheeler v. Adams Company