Schuyler v. Broughton’s Empirical Analysis

Citation profile

3 federal appellate · 13 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““One object of the statute, requiring the declaration of the applicant to contain an estimate of the value of the premises, was no doubt to give notice to the world whether or not the value was within the statu tory limit of $5000; 6 and, if not, the excess of value above such limit. If within the $5000 limit, that fact is all that creditors, present or future, can be interested in knowing. It is in such a case beyond their reach. If the valuation, however, is in excess of $5000, they are interested in knowing the extent of the excess of value, and, so far as the public is concerned, we can see good reason for holding homestead claimants to greater strictness in the one case than the other. Not that the plain provisions of the statute can be dispensed with in either, but what is a substantial compliance with the terms of a statute is a question which is often to be determined by the nature, object and effect of the act or acts set up as constituting compliances. We are far from commending the statement as to value, used in the case, as a precedent to be followed, and wish to be distinctly understood as only holding that it is not so positively bad as to render the declaration void.” 76 Cal. at page 526, 18 P. at pages 437-438.”

   2 later decisions quote this exact passage
   e.g. Samuels v. Delucchi · In re Morse

2. ““The statute in reference to homesteads is a remedial measure, and as such is to be liberally construed. We are not at liberty to disregard the statute; its provisions are binding upon us, and in the absence of a compliance with them we can only declare the result flowing therefrom. “The concurrence of several things are necessary, under our statute, before exemption can be allowed. Where these several acts have been substantially performed, and where the declaration contains the essence of the statutory requirements, the construction should be so liberal as to advance the object of the constitution and statute.” (p. 525, 18 P. p. 437)”

   1 later decision quote this exact passage
   e.g. In re Morse

3. ““We are far from commending the statement as to value used in the case as a precedent to be followed, and wish to be distinctly understood as only holding that it is not so positively bad as to render the declaration void.””

   1 later decision quote this exact passage
   e.g. 131 Cal. App. 2d 713 - Johnson v. Brauner