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← 37 NY 350 - Stewart v. . Brown

Stewart v. . Brown’s Empirical Analysis

1867

Citation profile

24
cited by 24 later decisions
11
states following
August 2012
most recently cited

3 district · 15 state decisions

How this case has been cited

Cited by 24 later decisions — most recently August 2012

3 district · 15 state decisions — followed in 11 states

801867187018801890190019101920193019401950196019701980199020002010decided

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.

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

  1. ““The argument submitted for the appellant is ingenious, but its fallacy is apparent in view of the conclusions to which it tends. If it proves anything, it is that the property of a firm is not owned hy the persons who compose it, either collectively or otherwise. It certainly does not belong to any one else, and, if the appellant is right, the title is in .a state of abeyance. If the partners have such an ownership as subjects the property to seizure on execution, they have also such an ownership as entitles them to claim its exemption, in a case plainly failing within the terms and intent of the statute. In the instance before us, the complaint alleges, and the answer admits, that the horses and harness in question were the property of the plaintiffs. The facts found by the referee meet all the requirements of the act exempting from levy and salo Ihe necessary team of any person being a householder or having a family for which he provides. It is insisted that the clause applies only to a several owner, as the word ‘person’ is used in the singular number. The short answer is that hy a provision in our general law, when a statute refers to any matter or person hy words importing the singular number, several matters or persons shall he deemed to be included, unless such a construction would he repugnant to the general language employed. In respect to articles otherwise within the terms of the act, such ownership as suffices to make them subject to seizure brings them •within t”
    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.