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← 104 F.2d 559 - Roach v. Stastny

Roach v. Stastny’s Empirical Analysis

104 F.2d 559 · 1939

Citation profile

10
cited by 10 later decisions
1
states following
March 2009
most recently cited

7 federal appellate · 1 district · 1 state decisions

How this case has been cited

Cited by 10 later decisions — most recently March 2009

7 federal appellate · 1 district · 1 state decisions

4019391940195019601970198019902000decided

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

Applies 12 U.S.C. § 33 · 12 U.S.C. § 63

Relies on Early v. Richardson · Roth v. Baldwin · Hiatt v. Peddy

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

  1. ““A shareholder who does not vote for a consolidation, which nevertheless is effected, ‘may give notice to the directors of the association in which he is interested within twenty days from the date of the certificate of approval of the comptroller that he dissents from the plan of consolidation as adopted and approved, whereupon he shall be entitled to receive the value of the shares so held by him.’ 12 U.S.C.A. § 33 . Dissent is the only method the law provides whereby a stockholder of a consolidating bank may avoid being bound by the plan of consolidation. All other methods of withdrawal are precluded, not in so many words, but by necessary implication. In re Buist’s Estate, 297 Pa. 537 , 147 A. 606 ; Littrell v. Craig (D.C.) 1 F.Supp. 491 . In the plan of consolidation here alleged, Peddy was put to his election to dissent and take the value of his old stock or to accept for the old new stock of the consolidated bank. The statute cannot reasonably be so construed as to leave in doubt the question who are and who are not shareholders of a consolidated bank. It adopts the simple method of providing in effect that all shareholders, except those who promptly dissent, give their consent.””
    1 later decision quote this exact passage · from the majority
  2. “[T]he court was not bound to order a new trial on the ground of newly discovered evidence in order to enable appellant to set forth facts within his own knowledge at the time of the trial, even though their existence may not have been known to his attorney then, and their significance was not known to himself.”
    1 later decision quote this exact passage · from the majority

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.