Rice v. Nolan’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . It is true, he may waive the right. This court has held that a tenant in a written lease may waive the benefit of the exemption law upon a debt contracted for rent, (Hoisington v. Huff, 24 Kas. 379 ); and the debtor may also sell his personal property, which is exempt from execution, (Arthur v. Wallace, 8 Kas. 269 ); and he may pledge personal property as collateral security, notwithstanding it would be otherwise exempt, (Jones v. Scott, 10 Kas. 33 ). And doubtless if he should turn over exempt personal property to the officer, and permit him to sell the same in satisfaction of an attachment or execution, it would operate as a waiver. . . .” (p. 30.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Goering

2. ““This claim is not tenable. Such a ruling would in effect be a diminuation of the benefit given by the statute to the debtor. If the exeption could be thus limited, and the lien upon the property should be nearly or quite equal to its value, the beneficent purpose of the Legislature in giving the exemption would be defeated. Where he gives chattel mortgages upon exempt property, he only waives the right of exemption to the extent of the mortgages given, and they do not affect his rights against any one except the mortgages.””

   1 later decision quote this exact passage · from the majority
   e.g. Cook v. Carter