Hill v. Harding’s Empirical Analysis

Citation profile

20 federal appellate · 17 district · 31 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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No creditor whose debt is provable shall be allowed to prosecute to final judgment any suit -at law or in equity therefor against the bankrupt, until the, question of the debtor’s discharge shall have been determined; and any such suit or proceedings shall, upon the application of the bankrupt, be stayed to await the determination of the court in bankruptcy on the question of the discharge, provided there is no unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge; and provided, also, that if the amount due the creditor is in dispute, the suit, by leave of the court in bankruptcy, may proceed to judgment for the purpose of ascertaining the amount due, which amount may be proved in bankruptcy, but execution shall be stayed.””

   2 later decisions quote this exact passage · from the majority
   e.g. Boynton v. Ball · Scott v. Ellery

2. ““The terms of this enactment are as broad and as peremptory as possible. ‘No creditor whose debt is provable shall be allowed to prosecute to final judgment’ any suit thereon against the bankrupt; and such suit ‘shall upon application of the bankrupt be stayed.’ This provision, like all laws of the United States made in pursuance of the Constitution, binds the courts of each state, as well as those of the nation. Upon the application of the bankrupt to the court, state or national, in which the suit is pending, it is the duty of that court to stay the proceedings, ‘to await the determination of the court in bankruptcy on the question of the discharge,’ unless there is unreasonable delay on the part of the bankrupt in endeavoring to obtain his discharge.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Geister · In re Hornstein

3. ““The stay does not operate as a bar to the action, but only as a suspension of proceedings until tlie question of the bankrupt’s discharge shall have been determined in the United States court sitting in bankruptcy. After the determination of that question in that court, the court in which the suit is pending may proceed to such judgment as the circumstances of the case may require. If the discharge is refused, the plaintiff, .upon establishing his claim, may obtain a general judgment. If the discharge is granted, the court in which the suit is pending may then determine whether the plaintiff is entitled to a special judgment * * * for the purpose of charging sureties upon a bond given to dissolve such an attachment.””

   1 later decision quote this exact passage · from the majority
   e.g. Manufacturers' Finance Corp. v. Vye-Neill Co.