Smith v. Cooper’s Empirical Analysis

Citation profile

2 federal appellate · 6 district ·

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

1. ““Tlie court is always very glad, indeed, to allow counsel in all proper eases fees which adequately compensate them for the skill and ability with which their professional services are rendered. Estimated upon this basis, the compensation of Mr. Smith in this case would be very large. There are. however, a good many considerations which must influence the court in fixing the fees of the attorneys. “Since the enactment of the bankruptcy law we have habitually fixed the fees, not only of counsel, but of receivers, referees, and others, upon an economical scale. In fact, from the beginning the court has been pretty tegularly assailed with complaints that such allowance's for compensation have not been sufficiently large. Perhaps these complaints were at times justifiable. I'Ve have, however, felt that it was due the parties and due the law that there should be an economical administration of bankrupts' estate's. Now, in this case application is for a fee of over 50 per cent, of Hie amounl in Hie hands of the trustee. This is only about $2,000, and yet two attorneys have testified that it should be subjected to a charge of $1,500 counsel fees. The master allows over 50 per cent, of the actual amount of the recovery. T do not think it Is proper for the court to make any such allowance. While doubtless, the services of counsel were worth the amount allowed, if considered with sole regard to the skill and learning displayed, yet the court must have In consideration the amount which ”

   1 later decision quote this exact passage
   e.g. In re Huddleston

2. ““In. the administration of an estate in bankruptcy the law permits the allowance of ‘one reasonable attorney’s fee for the professional services actually rendered * * * to the petitioning creditors in involuntary cases.’ Act July 1, 1898, c. 541, § 64b, subd. 3, 30 Stat. 563 (IT. S. Comp. St. 1901, p. 3447). * * * The attorney for the petitioning creditors is entitled to this reasonable fee as of right. Its allowance or disallowance is not matter of discretion. So, also, the amount to be allowed does not rest in mere discretion. The amount must in all cases be reasonable, to be determined upon evidence of the service performed and of its value, and, in the absence of evidence of its value, by the court from knowledge of its worth. The amount to be allowed rests in legal judgment and judicial discretion, but not in unrestrained discretion.””

   1 later decision quote this exact passage
   e.g. In re Southern Steel Co.

3. ““In considering Hie master’s report, the learned judge seems to concede that, for the services actually rendered, the amount allowed by the master was not in excess of a reasonable fee; but, for considerations of economy and the necessity- of preserving a good portion of the fund recovered for the benefit of creditors, he considered it proper to reduce the amount recommended by the master, and allow only a small percentage, not of the amount actually recovered, but upon the amount left in tile hands of the trustee after paying certain of the costs. While we agree with the learned judge of the bankruptcy court that to aid the parties and under the law there should be an economical administration of the bankrupt’s estate, we are unable to concur with him in his reasons for reducing the fee to be allowed appellants’ in this case.””

   1 later decision quote this exact passage
   e.g. In re Huddleston