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← 65 KAN 31 - Emmert v. Schmidt

Emmert v. Schmidt’s Empirical Analysis

1902

Citation profile

12
cited by 12 later decisions
5
states following
June 2011
most recently cited

1 district · 7 state decisions

How this case has been cited

Cited by 12 later decisions — most recently June 2011

1 district · 7 state decisions

40190219101920193019401950196019701980199020002010decided

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 Landrum v. Flannigan · Cranz v. White · Mallory v. Berry · Mitchell v. State · Reighart v. Harris

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. ““In ease any life insurance company, fraternal order or beneficiary soeiety Bhall have issued or shall hereafter issue any policy or policies of insurance or beneficiary certificate upon the life of an individual and payable at the death of the assured, or in any given number of years, to any person or persons having an insurable interest in the life of the assured, all such policies and their reserves of the present value thereof shall inure to the sole and separate use and benefit of the beneficiaries named therein, and shall be free from the claims of the assured, and shall also? be free from the claims of the person or persons effecting such insurance, their creditors and representatives, and shall be free from all taxes and the claims and judgments of the creditors and representatives of the person or persons named in said policy or policies of insurance.” Gen. Stat. 1901, § 3463.”
    1 later decision quote this exact passage · from the majority
  2. ““The body of the act, after providing that all such policies and their reserves of the present value, as enumerated in the act, ‘shall inure to the sole and separate use and benefit of the beneficiaries named therein,’ proceeds to. enumerate and classify the exemptions created. By this classification it is seen that life policies and beneficiary certificates, and their proceeds, are exempt : (1) From all claims against the person whose life is insured; (2) from all claims which the person or persons effecting the insurance and the creditors and representatives of such person or persons may mate against the policy or its proceeds; (3) from taxation; (4) from all claims and judgments of creditors and representatives of the person or persons named in the policy.””
    1 later decision quote this exact passage · from the majority
  3. ““An act to exempt from legal process to beneficiaries tbie proceeds of life insurance policies and beneficiary certificates.””
    1 later decision quote this exact passage · from the majority

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.