In re Emslie’s Empirical Analysis

Citation profile

10 federal appellate · 4 district ·

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

1. ““It is thus clear to us that the design of congress was to protect all liens, whether arising by contract or by statute, and only to avoid those which are In fraud of the act, and those which have been secured by and arise from legal proceedings within the limited time specified before the bankruptcy. 'Exprésalo unius est exclusio alteráis.’ We cannot indulge the presumption that congress intended to avoid a lien secured by the act of labor, and preserved and continued in force only when legal proceedings were instituted within a specified time. Such construction would avoid all mechanics’ liens, and all the liens of laborers, which the laws of the various states have for years sought to protect and to prefer.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Laird · Bird v. City of Richmond

2. ““A trustee in bankruptcy cannot acquire a better title than the bankrupt had, except as to property which has been transferred contrary to the provisions of the bankrupt act, and takes the estate subject to all liens and incumbrances other than those enumerated in section 67 (Act July 1, 1898, c. 541, 30 Stat. 564 [U. S. Oomp. St. 1901, p. 3449]).””

   1 later decision quote this exact passage · from the majority
   e.g. In re Grissler