In re Brumbaugh’s Empirical Analysis
128 F. 971 · 1904
Citation profile
4 federal appellate · 8 district · 1 state decisions
How this case has been cited
Cited by 15 later decisions — most recently May 1988
4 federal appellate · 8 district · 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 Lockwood v. Exchange Bank · Githens v. Shiffler · In re Fife · Kenyon v. Gould · Rosenstein v. United States
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If, therefore, the cause of action on which judgment was rendered against the bankrupt was in its nature tortious, the exemption could not be. successfully claimed or retained by him if execution were issued upon it But that does not determine the question whether it is now to be allowed to him. This .was considered and conclusively disposed of in the case of Lockwood v. Exchange Bank, 190 U. S. 294 [ 23 Sup. Ct. 751 , 47 L. Ed. 1061 ], * * * where it was held that property set apart to a bankrupt under his claim to exemption forms no part of his estate in bankruptcy, and that as a result the court has no jurisdiction to administer it or enforce against it the rights of creditors having special claims upon it, by waiver or otherwise, under the state law. It affords no ground, therefore, for opposing the bankrupt’s exemption in the present instance that he would not be able to maintain a claim for it against the judgment of Miss Keim. If that be legally true of it, she has simply to issue execution and seize the property set apart to him, and the state courts will then determine her rights. But they must be worked out there, and not here; the only question which now concerns us being whether the bankrupt, as against general creditors, is entitled to his exemption, as to which there can be no doubt.””
1 later decision quote this exact passage · from the majoritye.g. In re Vonhee“It is undoubtedly true, under the law of Pennsylvania, by which the [claimed bankruptcy] exemption is given, that it cannot be claimed in cases of tort, but only of contract.”
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.