Bryan v. Sanderson’s Empirical Analysis

Citation profile

2 federal appellate · 2 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘In the second place, it is doubtless true that the lien created by the statute must be enforced, if at all, in strict compliance with its provisions. But where the disposition of the property upon which the lien exists, or of the proceeds arising from its sale, has been assumed by a court of equity, does the lien need to be enforced? It will be observed that the statutory lien differs in a material respect from its common-law prototype, the right to destrain. Under the latter, unless distraint were actually made, the landlord acquired no lien; his was an inchoate right to a lien to be perfected by distress, rather than a lien in itself. But the lien of the statute exists independently of the prescribed methods of enforcing it. Indeed, commencing with the tenancy, it exists before those methods have been or can be resorted to — i. e., before any rent has accrued. “A statutory lien implies security upon the thing before the warrant to seize it is levied. It ties itself to the property from the time it attaches to it, and the levy and sale of the property are only the means of enforcing it.” In other words, if the lien is given by the statute, proceedings are not necessary to fix the status of the property. (Morgan v. Campbell, 22 Wall. 381 [ 22 L.Ed. 796 ]; see, also, Grant v. Whitwell, 9 Iowa [152] 153; Carpenter v. Gillespie, 10 Iowa 592 ; Doane v. Garretson, 24 Iowa [351] 355.) These Iowa decisions are upon a statute substantially the same as the statute in force in this ”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Saidman