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← 4 INDAPP 197 - Fogleman v. Shively

Fogleman v. Shively’s Empirical Analysis

1892

Citation profile

15
cited by 15 later decisions
6
states following
March 1993
most recently cited

15 state decisions

How this case has been cited

Cited by 15 later decisions — most recently March 1993

15 state decisions

3018921900191019201930194019501960197019801990decided

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 Chandler v. Cheney · Davis v. Clark · 42 N.J. Eq. 651 - Buttlar v. Rosenblath · Dodge v. Kinzy · Patton v. Rankin

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

  1. ““Where possession of the personal property of the husband and wife is taken by the husband, he should be presumed to take for a purpose consistent with the wife’s interest, and should be regarded as holding the property for her as well as for himself. By agreement with the wife, he may take it as his own, and use it accordingly. “We have assumed in this case that it is sufficiently shown that the note and bill represent the proceeds of the sale still regarded by the husband and wife as the property of both. We think that’ the facts, that the owners of this personal property are husband and wife, and that it represents the still undivided proceeds of real estate owned by them as tenants by entireties, do not affect the right of the appellant. The interest of the wife, who is not a party to the proceedings in attachment, is not like the interest of a partner in a debt due to the firm. The note and bill were in the name of the husband and in the possession of the agent. The interest of the wife is definitely shown, being a moiety of the proceeds of the sale of the land. . . . “We are of the opinion that the interest of the husband might be subjected to the payment of his separate indebtedness under the proceedings in attachment and garnishment.” (Our emphasis.)”
    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.