Thomas v. Peyser’s Empirical Analysis

Citation profile

47 federal appellate · 3 district · 4 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * As we have said, these [services for which the attorneys sought compensation] were chiefly in the nature of opposition to various steps taken in the course of the administration. Appellants’ theory is that their efforts in this respect have acted as a negative catalyst to prevent fraud in the reorganization. Perhaps a vigilant opposition may be admitted to have a beneficial effect in these matters as in others, by inducing caution in administration. But absence of it raises no presumption that due care will not be exercised, particularly when, as here, the administration is directly under the supervision of the court. Rather the presumption is to the contrary. The inference of benefit is therefore highly speculative, in the absence of a showing of some successful challenge to proposed action which increases the fund or protects it from loss.””

   1 later decision quote this exact passage
   e.g. Perrine v. Pennroad Corp.

2. “The duty of the trial court to make findings of fact should be strictly followed. But such findings are not a jurisdictional requirement of appeal which this court may not waive. Their purpose is to aid appellate courts in reviewing the decision below. In cases where the record is so clear that the court does not need the aid of findings it may waive such a defect on the ground that the error is not substantial in the particular case.”

   1 later decision quote this exact passage
   e.g. Leon F. Urbain and Loxit Systems, Inc. v. Knapp Brothers Manufacturing Company, Al Levinson, Charles Levinson, and Robert Levinson

3. ““Rule 52(a) . . . requires findings ‘in all actions tried upon the facts.’ This case was not tried upon the facts. The facts were admitted by the motion to dismiss. Obviously there need be no fact findings where facts are not in issue. The only issues determined by the trial court were questions of law and these adequately disposed of the case.””

   1 later decision quote this exact passage
   e.g. City of Eldridge v. Caterpillar Tractor Co.