Fearey v. Cummings’s Empirical Analysis

Citation profile

2 federal appellate · 44 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It became a question whether, in trying this issue, the denial made by the garnishees in their disclosure of all indebtedness to Nellis, and their denial of possession and control of any property, money, goods, chattels, credits, and effects belonging to him, was conclusive on the plaintiffs, except in so far as there might be occasion to inquire concerning fraud; and the plaintiffs insisting that it .was not, and that they were entitled to controvert such denial, and the garnishees contending to the contrary, the circuit judge sustained the position of the garnishees. The court is unable to concur in this view. The issue instituted at the instance of the garnishees after their disclosure is one expressly ordained for the trial of the garnishees’ liability to the plaintiffs (2 Comp. Laws 1871, § 6475), and it covers exactly the same ground to which the denial applies; and it occurs to ask for what purpose authorize a trial to be invoked'if the matter has already been settled in favor of the garnishees by their denial?””

   1 later decision quote this exact passage
   e.g. Serviss v. Washtenaw Circuit Judge

2. “every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city dferk, where the mortgagor resides, except when the mortgagor is a non-resident of the state, when the mortgage, or a true copy thereof, shall be filed in the office of' the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the property is.”

   1 later decision quote this exact passage
   e.g. People's Savings Bank v. Bates

3. “If the mortgage was made with the intent to hinder, delay, or defraud creditors (Comp. L. § 1713), or, inasmuch as the possession was not altered, if it was not put on file prior to plaintiffs becoming creditors, it was invalid as against them; the law being that those wdio become creditors whilst the mortgage is not filed are protected, and not. merely those who obtain judgments or levy attachments before the filing. Still no one, as creditor at large, can question the mortgage. Ho can only do that by means of some process or proceeding against the property. Séc. 470G.”

   1 later decision quote this exact passage
   e.g. People's Savings Bank v. Bates