Smith v. Gower’s Empirical Analysis

Citation profile

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

1. ““In the case before us, the appellants had been regularly summoned as garnishees; they had failed to appear either in person or by affidavit, and had thereby made default. The case was strictly within the provisions of the section just quoted. The court might have coerced their personal appearance in court, for examination. That, however, was not done, but the other remedy provided for was adopted; the court heard proof of the debt owing by the garnishees to the defendant. Upon the hearing of this-proof, what was the next duty of the court? To render a final judgment in favor of the plaintiff against the garnishees? Not at all. The authority of the court is strictly limited, in ■ such case, to the making of ‘such order as if what is so proved had appeared on the examination of the garnishee.’ We are, then, to look to the next preceding section for the ‘order’ which the court may make, where the indebtedness of the garnishee appears on his personal examination. In such case ‘the court may order the delivery of such property, and the payment or security for the payment of the amount owing by the garnishee into court, or to such person as it may direct, who shall give bond with security for the same; or the court may permit the garnishee to retain the property or the amount owing, on the execution of a bond,’ etc. Here we have an enumeration of the several orders which the court may make, in the state of case provided for, and at the same time a well defined limitation to the po”

   1 later decision quote this exact passage · from the majority
   e.g. Ray v. Peter Fox Sons Co. of Kentucky