In re Logan’s Empirical Analysis
102 F. 876 · 1900
Citation profile
5 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 15 later decisions (1 by the Supreme Court) — most recently April 1967
5 federal appellate · 7 district · 1 state decisions
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 In re Marx
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is no rule in bankruptcy which requires in such eases any further pleading by a bankrupt. * * * The bankrupt flies a petition for a discharge, in which he avers that he has complied with all the provisions of the bankrupt act. This is his pleading, and upon it the proper notice is served upon all his creditors. The prayer of this petition will be granted as of course, unless some creditor objects, and specifies his grounds of objection. * * * Unless the specified grounds are established by the proof, the discharge is granted. Nothing is taken for granted, and the onus is on the creditor. Failure to establish the objections by evidence cannot be a ground for refusing the discharge, and it follows logically and inevitably from this fact that no further pleading is necessary upon the part of the bankrupt. The,proof must be taken in any event, and without proof the creditor fails. The bankrupt may rely upon the presumption of innocence. This no doubt explains why a general rule has been made by the supreme court requiring further pleadings in such cases. The issues are made by the bankrupt’s petition for a discharge and the creditor’s specifications of objection thereto, and the only steps the rules require after this, in order to a settlement of the question, is the reference to ascertain and report the facts. * * * All the specifications of objection, to be sufficient in law, must charge what is a criminal act upon the part of the bankrupt, and the law in such cases itse”
1 later decision quote this exact passage · from the majoritye.g. In re Crist
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.