Hernandez v. Danaher’s Empirical Analysis

Citation profile

8 federal appellate · 1 district · 4 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Huffman , the State of Ohio proceeded under a statute which gave an exclusive right of action to the state. By contrast, the Illinois Attachment Act provides a cause of action for any person, public or private. It is mere happenstance that the State of Illinois was the petitioner in this attachment proceeding. It is likewise coincidental that the pending state proceedings may arguably be quasi-criminal in nature; under the Illinois attachment act, they need not be.”

   3 later decisions quote this exact passage · from the majority
   e.g. Traughber v. Beauchane · Trainor v. Hernandez

2. “K. S. A. 1975 Supp. “60-701. Grounds for attachment. Subject to the provisions of K. S. A. 1975 Supp. 60-703, and amendments thereto, the plaintiffs at or after the commencement of any civil action may have, as an incident to the relief sought, one or more attachments against the property of the defendant, or that of any one or more of several defendants, when the defendant whose property is to be attached: “(1) is a nonresident of the state or a foreign corporation, or “(2) has absconded or is concealed so that the summons cannot be served or is about to move out of this state with the intent of changing domicile, or “(3) is about to remove his or her property or effects out of this state, or “(4) is about to convert his or her property or a part thereof into money for the purpose of placing it beyond the reach of creditors, or “(5) has concealed, removed, assigned, conveyed or otherwise disposed of his or her property or effects so as to hinder or delay creditors or is about to do so, or “(6) fraudulently contracted the debt or fraudulently incurred the liability, or “(7) is liable for damages for injuries arising out of the commission of some felony or misdemeanor, or the seduction of a person, or “(8) has failed to pay the price or value of any article or thing delivered which by contract the defendant was bound to pay upon delivery.” K. S. A. 1975 Supp. “60-703. Attachments, how obtained; certain earnings exempt before Judgment; affidavit and bond required, when; may be ”

   1 later decision quote this exact passage · from the majority
   e.g. Hillhouse v. City of Kansas City

3. “(s)ection 27 . . . does not give defendant an absolute right to a hearing on the attachment issue immediately after seizure.”

   1 later decision quote this exact passage · from the majority
   e.g. Trainor v. Hernandez