First Nat. Bank v. Fox’s Empirical Analysis
111 F.2d 810 · 1940
Citation profile
11 federal appellate · 1 state decisions
How this case has been cited
Cited by 21 later decisions — most recently March 2012
11 federal appellate · 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 Mueller v. Nugent · Taubel-Scott-Kitzmiller Co. v. Fox · New York County National Bank v. Massey · May v. Henderson · Taubel-Scott-Kitzmiller Co. v. Fox
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the absence of consent the bankruptcy court has no jurisdiction to entertain a summary proceeding to recover property alleged to belong to the bankrupt estate and held by an adverse claimant in good faith. * * It is inaccurate to say that the court in all cases lacks jurisdiction over the subject matter. The objection to summary procedure does not go to the basic jurisdiction of the court but to its authority to proceed in a summary way.””
1 later decision quote this exact passage · from the majority““If the property belongs unquestionably to the bankrupt’s estate, the court may take possession of it summarily. The mere assertion of an adverse claim is not enough to oust the court of its summary jurisdiction.” First National Bank of Negaunee v. Fox, 6 Cir., 1940, 111 F.2d 810, 813 .”
1 later decision quote this exact passage · from the majority““The determination of jurisdiction to dispose summarily of the question of title to property to which a claim is asserted against that of the bankrupt when such jurisdiction is not consented to will depend upon the nature and validity of such claim.””
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.