Ex Parte Avery’s Empirical Analysis

Citation profile

10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “¡‘property cannot be subject to levy unless the. creditor ... filed a contest of the'claimed exemptions. This Court has ‘held that a contest is the exclusive-method of - preserving a levy after a claim of exemption -is filed, Kennedy v. Smith, 99 Ala. 83 , 11 So. 665 (1892); and that a claim of exemption, unless properly contested, must be upheld and the levy or other process released. Totten & Bros. v. Sale & Co., 72 Ala. 488 (1883); Poole v . Griffith, 216 Ala. 120 , 112 So. 447 (1927).””

   2 later decisions quote this exact passage
   e.g. Crews v. Jackson · 69 So. 3d 190 - Gutzmore v. Bartholomew

2. ““After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the levy is sought to be made or the claim is contested.””

   1 later decision quote this exact passage
   e.g. Crews v. Jackson

3. ““It is the opinion of this Court that [section 6-10-37, Code 1975] contains a clear expression of the legislative intent that property which can be garnished can also be claimed as exempt.... “... Therefore, we are of the opinion that future wages can be claimed as exempt. ...””

   1 later decision quote this exact passage
   e.g. 560 So. 2d 1046 - Parker v. Baldwin County Eastern Shore Hospital Board, Inc.