Davis v. Schultz’s Empirical Analysis

Citation profile

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It has never been satisfactorily explained why the baker’s oven, counters and tables are exempt, Lopez v. Naegelin, 59 S.W.2d 844 (Tex.Civ.App.—Beaumont 1933, no writ), but the stove, tables and counters of the cafe operator are not. We have never been told why an electric fan, occasional chairs and a magazine rack in a beauty shop are exempt, McGehee v. Smith, 163 S.W.2d 730 (Tex.Civ.App.—Amarillo 1942, no writ), while an electric fan and tables in a restaurant are not. By what process do chairs and rugs, which are beyond the reach of the sheriff while they are in an attorney’s office, McBrayer v. Cravens, Dargan & Roberts, 265 S.W. 694 (Tex. Comm’n App.1924, opinion adopted), become fair game for creditors when they are moved to a restaurant? Does a pool table, which is protected while it is part of the equipment of a pool hall, Harris v. Todd, 158 S.W. 1189 (Tex.Civ.App.—Fort Worth 1913, no writ), lose its protected status if the operator of the pool hall installs a lunch counter? The same loss of exempt status would probably be the sad fate of an iron safe which is moved from the office of insurance agent, where it is exempt, Betz v. Maier, 12 Tex.Civ.App. 219 , 33 S.W. 710 (Austin 1896, no writ), to a restaurant. The construction given to the statute by our courts cannot be classified as a liberal construction. In view of the cases referred to in the preceding paragraph, this construction cannot be defended as either reasonable or sensible.”

   1 later decision quote this exact passage
   e.g. In Re Baldowski

2. “I am disinclined to accept a gratuitous statement merely because it was made three quarters of a century ago. The ex cathedra statement made in Frank is no more persuasive than the undisclosed reasoning on which we must, out of deference to its antiquity, assume that it was based.”

   1 later decision quote this exact passage
   e.g. In Re Baldowski

3. “The following property shall be reserved to every family, exempt from attachment or execution and every other species of forced sale for the payment of debts, except as hereinafter provided: (5) All tools, apparatus, and books belonging to any trade or profession.”

   1 later decision quote this exact passage
   e.g. In Re Baldowski