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← 70 S.D. 265 - Heimes v. Heimes

Heimes v. Heimes’s Empirical Analysis

1944

Citation profile

2
cited by 2 later decisions
1
states following
October 1946
most recently cited

2 state decisions

Relationships

Relies on Acme Harvesting Machine Co. v. Hinkley · Black Hills Brewing Co. v. Middle West Fire Insurance

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

  1. ““Ordered, adjudged and decreed that the value of said annuity note or contract (Exhibit 1) be and the same hereby is set at $12,740.51. “It is further ordered, adjudged and decreed that all of defendants’ property listed in their claim of exemptions, except Exhibit 1, be and the same hereby is set aside and released from the levy as additional exemptions of defendants. Besides such property, the defendants are entitled to further additional exemptions of $129.25, which amount is a charge upon said annuity note, Exhibit 1. Also a charge upon said annuity note Exhibit 1 is an attorney lien of defendants’ attorney Alan Bogue Esq. of $250. “It is further ordered, adjudged and decreed that except for such attorney lien of $250 and defendants’ additional exemptions of $129.25, above, the said Exhibit 1 is unexempt and subject to sale as personal property, under the pending execution and levy. “Such an annuity note or contract, Exhibit 1, is hereby ordered sold at sheriff’s sale forthwith, in the regular manner; provided, however that from the proceeds of such sale there, shall first be paid to defendants $129.25 (balance their additional exemptions); next to Alan Bogue Esq. $250 to satisfy his attorney lien; next the costs of sale plus costs to be taxed in this proceeding, any surplus remaining to be applied to the judgment entered in this action. * * *””
    1 later decision quote this exact passage
  2. ““This is a levy on an annuity owned by you. “The annuity is the consideration you'list in the bill of sale dated 22 Sept. 1943 whereby you convey to your sons, Irvin Á. and Harold L. Heimes certain of your personal property. In such bill of sale * * * you say that your sons are to pay you (as consideration for the transfer) seventy-five dollars monthly beginning on 15 September 1943 and continuing for the period of your natural lives.””
    1 later decision 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.