336 So. 2d 183 - Almon v. Byrd’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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “These authorities would seem to make it clear that a judgment creditor need not have an established lien before he can bring an action to set aside a fraudulent conveyance. If the law were to the contrary, a judgment debtor could always prevent his judgment creditor from subjecting his property to payment of the debt by conveying it before the judgment creditor filed his judgment. Since having a lien is not a condition precedent to a judgment creditor’s bringing an action to set aside a fraudulent conveyance, the acquisition of a lien by filing the judgment is not a circumstance constituting fraud which needs to be stated with particularity.”

   1 later decision quote this exact passage
   e.g. In Re Speir

2. “"Defendants and the trial court assume that the appropriate method for enforcing Rule 9 (b) is a motion to dismiss under Rule 12 (b)(6). This assumption would appear to be based on the practice of using a demurrer to test the sufficiency of allegations of fraud prior to the adoption of the Alabama Rules of Civil Procedure. *Page 89 For purposes of deciding this case, we do not question this assumption, but we refer the reader to Wright Miller, Federal Practice and Procedure: Civil § 1300, for a discussion of the problem."”

   1 later decision quote this exact passage
   e.g. 437 So. 2d 86 - McLaughlin v. Alabama Farm Bureau Mut. Cas. Ins. Co.