Shinn v. Macpherson’s Empirical Analysis
1881
Citation profile
2 federal appellate · 15 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2018
2 federal appellate · 15 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 Barber v. Babel · Shoemake v. Chalfant
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In our opinion, tiiere is no provision of tlie homestead law that affords a cloak for such a transaction. That law was enacted for beneficent pur poses, designed to secure a home for the family, but, as said by counsel for respondent, was never intended ‘to be a secure and impregnable asylum in which to deposit peculations from others.’ It is true that the statute provides that the homestead can only be conveyed or incumbered by an instrument executed and acknowledged by both husband and wife, and also that it is by the statute exempted from execution or forced sale, except in certain enumerated cases. But these provisions of the statute have no application to the case before us. The one regulates the mode of transfer or incumbrance of the homestead between the spouses and third persons, when the same is to be effected by conventional arrangement, not by act and operation of law; the other was designed to protect it from forced sale for ordinary indebtedness, etc., not as an immunity from torts and their legal consequences. Shoemake v. Chalfant, 47 Cal. 435 ; Riddell v. Shirley, 5 Cal. 488 ; Bishop v. Hubbard, 23 Cal. 514 [ 83 Am. Dec. 132 ].””
3 later decisions quote this exact passage
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.