In re Benedict’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. ““It must be' remembered, however, that this is strictly a proceeding in rem, contemplating only temporary control of certain property. A proceeding in bankruptcy is sui generis. The filing of an involuntary petition is not the commencement of a. suit against the failing debtor to recover debts due. It contemplates rather the collection and distribution of an estate. Such proceedings do not abate by the death of the alleged bankrupt occurring after the petition and-before the adjudication. In re Hicks (D. C.) 107 Fed. 910 ; In re Spalding (D. C.) 134 Fed. 507 . Another fact must be kept in mind. The very, property sought to be reached has been by virtue of the act of Congress brought sub modo under federal influence and control by the filing of the involuntary petition, which has, so to speak, imposed a status upon ail the property of the alleged bankrupt everywhere. Bank v. Sherman, 101 U. S. 403 , 25 L. Ed. 866 ; Mueller v. Nugent, 184 U. S. 1 -16, 22 Sup. Ct. 269 , 46 L. Ed. 405 . Such petition, when filed, is held to be ‘a caveat to all the wprld,’ and to operate upon such assets like an attachment or injunction. Such legal result is not expressly provided for in the text of the law, but is pi-edicated by the court upon the general scope of the act and the purpose of Congress.””

   1 later decision quote this exact passage · from the majority
   e.g. Cruchet v. Red Rover Min. Co.