Boynton v. Ball’s Empirical Analysis

Citation profile

61 federal appellate · 28 district · 100 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 278 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “may be willing that the suit shall proceed in the state court for many reasons,— first, because he is not sure that he will ever obtain his discharge from the court in bankruptcy, in which case it would do him no good to delay the proceedings at his expense in the state court; in the second place, he may have a defense in the state court which he is quite willing to rely upon there, and to have the issue tried; in the third place, he may be very willing to have the amount in dispute liquidated in that proceeding, in which case it becomes a debt to be paid pro rata with his other debts by the assignee in bankruptcy. 121 U.S. at 467 , 7 S.Ct. at 984 .”

   5 later decisions quote this exact passage · from the majority
   e.g. Sharon v. Terry · Jackson v. Shaw

2. ““Trie argument is triat trie judgment now existing against Boynton is not trie debt triat existed at trie time bankruptcy proceedings were initiated; triat by trie eriange of trie character of trie debt from an ordinary claim or obligation to a judgment of a court of record it ceased to be trie same debt, and became a new and different debt as of trie date of trie judgment. * † * But this court, to which this precise question is now presented for trie first time, is clearly of opinion that trie debt on which this judgment was rendered is the same debt triat it was before; triat, notwithstanding trie change in its form from triat of a simple contract debt, or unliquidated claim, or whatever its character may have been, by merger into a judgment of a court of record, it still remains trie same debt on which trie action was brought in the state court, and trie existence of ,wrii«ri was provable in bankruptcy.””

   4 later decisions quote this exact passage · from the majority
   e.g. McCabe v. Patton · Cutler Hardware Co. v. Hacker

3. ““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 part of the bankrupt in endeavoring to obtain his discharge.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Geister