Bank v. Sherman’s Empirical Analysis
101 U.S. 403 · 1879
Citation profile
60 federal appellate · 68 district · 43 state decisions
How this case has been cited
Cited by 210 later decisions (9 by the Supreme Court) — most recently May 1988 · most notably Mueller v. Nugent (1902), Acme Harvester Company v. Beekman Lumber Company (1911)
60 federal appellate · 68 district · 43 state decisions — followed in 20 states
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 Tilton v. Cofield
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 210 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The filing of the petition was a caveat to all the world. It was in effect an attachment and injunction. * * * The bankrupt became, as it were, for many purposes, civiliter mortals.” i”
7 later decisions quote this exact passage · from the majoritye.g. Taylor v. Robertson · In re Tune““In the disposition of property among creditors equality is equity. It is the genius and purpose of the act of 1898 to secure this result as far as possible from the moment its aid is invoked, whether by the debtor or by his creditors. Its exercise is vital to the ends of justice, and is necessary in order to enable the courts to enforce and make effective the various provisions of the act. The policy of the bankrupt act is to secure an equal distribution of the assets of the bankrupt among all his creditors, and a court of bankruptcy in which the bankrupt proceedings are pending, in order to preserve the property and protect the rights of all the creditors, has the unquestioned jurisdiction and power to enjoin any disposition thereof which would be in violation of tbe spirit, intent, and purpose of the act.””
2 later decisions quote this exact passage · from the majority““The power of amendment is incident to all judicial administration. Its exercise is vital to the ends of justice.””
1 later decision quote this exact passage · from the majoritye.g. In re Harris
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.