Abbey v. . Deyo’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 18 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The appellant’s counsel insists that the services, the time and talents of the husband are valuable, and he has no more right to give them to his wife, as against his creditors, than to give to her his property to their prejudice. The one, he says, is as much their property as the other. This argument is entirely unsound. The property of a debtor, by the laws of all commercial countries, belongs to his creditors. He must be just before he is generous. Ho must pay before he gives. Not so with his talents and his industry, Whether he lias much, or little., or nothing, his first duty is the support of his family. The instinctive impulse of every just man holds this to be the first purpose of his industry. The application of the debtor’s property is rigidly directed to the payment of his debts. He cannot transport it to another country, transfer it to his friend, or conceal it from his creditor. Any or all of these things he, may do with his industry. He is at liberty to transfer his person to a foreign land. He may bury liis talent in the earth, or he may give it to Ills wife or friend. No law, ancient or modern, of which I am aware, has ever held to the contrary. No country, unless both barbarous and heathen, has ever authorized the sale of the person of a debtor 1’or the satisfaction of his debts.””

   1 later decision quote this exact passage
   e.g. In re Fitchard

2. ““Tncler the laws of New York a married woman may manage her separate property, through the agency of her husband, without subjecting it to the claims of his creditors, and it is held that she is entitled to the profits of a mercantile business conducted by the husband in her name, if the capital is furnished by her and he has no interest but that of a mere agent””

   1 later decision quote this exact passage
   e.g. Rowe v. Drohen