Becher v. Shaw’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 7 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are nevertheless of opinion that sections 5219 [Bal. Code, § 5219 providing how the homestead may be conveyed or encumbered] and 5247 [Bal. Code, § 5247 quoted supra as Code of 1881, § 346], which authorize the sale of the homestead free from all claims or liens and the acquisition of a new homestead exempt from attachment or execution, by implication exempt the proceeds of the sale of the homestead from garnishment for a reasonable time where the homestead claimant intends in good faith to reinvest the proceeds in another homestead. We think that a liberal construction of the statute requires us to so hold, and that any other construction would in a measure defeat the beneficent purpose the legislature had in view. Of what avail would it be to the homestead claimant to sell his homestead free from claims and liens if the proceeds are to become immediately subject to execution or garnishment. If the claimant may exchange one homestead for another without forfeiting his exemption rights, why should he not be permitted to accomplish the same result through the medium of a sale?” (p. 169)”

   2 later decisions quote this exact passage
   e.g. In re Crook · 49 Wash. 2d 642 - Lien v. Hoffman

2. “We are inclined to agree with the appellant that section 5233... has no application to the proceeds of a voluntary sale...”

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