White v. Swann’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But, when the head of the family, having the right to claim .exemptions, is absent, it has been decided that not only his wife, .but a son or daughter, may interpose and claim the exemption for him. Any person may do this who is authorized to take .charge of and protect the property and rights of the debtor during his temporary absence. And this authority* need not be expressly given, but may be presumed from circumstances. Wilson v. McElroy, 32 Pa. 82 ; Waugh, v. Burket, 3 Grant’s Cases (Pa.) 319; Regan v. Zeeb, 28 Ohio St. 483 ; Thomp. Homest. & Ex. § 829; Wap. Homest. p. 877. * * * Although the exemption is allowed the debtor, it is given to him in part, -at least, for the protection of his family', who need it all the more when deserted by him during early infancy. The claim of exemption, being made ■in behalf of the children, and not for the debtor as head of the family, was somewhat informal; but, as before stated, the affidavit attached to the schedule states all facts required to show that the debtor was entitled to the exemption. As no special objection was made to the form, the court will consider the substance, rather than the form, of the proceedings””

   1 later decision quote this exact passage
   e.g. Binion v. Lyle