Freeman v. Heiman’s Empirical Analysis
426 F.2d 1050 · 1970
Citation profile
11 federal appellate · 5 state decisions
How this case has been cited
Cited by 16 later decisions — most recently March 1997
11 federal appellate · 5 state decisions
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 Hitchman Coal & Coke Co. v. Mitchell · Farmers' State Bank of Ada v. Keen · Industrial Indemnity Co. v. Continental Casualty Co. · Foundation Reserve Insurance v. Kelly · Clarke v. Boysen
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The judge after the hearing provided herein may order any property of the judgment debtor, not exempt by law, in his possession or under his control to be applied toward the satisfaction of the judgment, and may enforce the same by proceedings for contempt in case of refusal or disobedience. The judge may further order the judgment debtor to pay to the judgment creditor or apply on the judgment in installments, such portion of his nonexempt income, however or wherever earned or acquired, as the court may deem proper after due regard for any payments required to be made by the judgment debtor by virtue of law or prior order of a court or under wage assignments outstanding... . A failure or neglect to comply with an order of direction of the court, shall be punished as for contempt. " (Emphasis mine.) [2] The terms of Art. 2, § 13, Okl. Const., are: "Imprisonment for debt is prohibited, except for the non-payment of fines and penalties imposed for the violation of law.”
1 later decision quote this exact passage · from the majoritye.g. Lepak v. McClain“A number of states have enacted statutes providing for the installment payment of judgments similar to § 850... . The purpose of such statutes is not to settle disputes as to ownership of property, but to aid judgment creditors in the discovery of a debtor's nonexempt assets and their application to unsatisfied judgments. If the court finds from the evidence that a judgment debtor has income over and above the statutory exemptions, sufficient to partially pay the judgment, it may order the payment in installments. The authorized contempt proceeding to enforce the order is designed to punish for failure to make the required payments from existing funds and not for failure to satisfy the judgment debt.”
1 later decision quote this exact passage · from the majoritye.g. Lepak v. McClain“Imprisonment for debt is prohibited, except for the non-payment of fines and penalties imposed for the violation of law.”
1 later decision quote this exact passage · from the majoritye.g. Lepak v. McClain
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.