Sprague v. Vogt’s Empirical Analysis
150 F.2d 795 · 1945
Citation profile
76 federal appellate · 9 district · 18 state decisions
How this case has been cited
Cited by 121 later decisions — most recently April 2012 · most notably Arnstein v. Porter (1946), Colby v. Klune (1949)
76 federal appellate · 9 district · 18 state decisions — followed in 10 states
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
Applies 11 U.S.C. § 110
Relies on Sartor v. Arkansas Natural Gas Corp. · Whitaker v. Coleman · Toebelman v. Missouri-Kansas Pipe Line Co. · Walling v. Fairmont Creamery Co. · Weisser v. Mursam Shoe Corp.
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A surmise, no matter how reasonable, that a party `is unlikely to prevail upon a trial, is not a sufficient basis for refusing him his day in court with respect to issues which are not shown to be sham, frivolous, or so unsubstantial that it would obviously be futile to try them.' Sprague v. Vogt, 8 Cir., 150 F.2d 795, 801; Landy v. Silverman, 1 Cir., 189 F.2d 80 , 82. See, also, Sartor v. Arkansas Natural Gas Corp., 321 U.S. 620 , 627-629, 64 S.Ct. 724, 88 L.Ed. 967.”
2 later decisions quote this exact passage · from the majority““The affidavit, supporting or opposing, with which we are now concerned is the evidentiary affidavit whose form and content is covered by Rule 56(e). This affidavit must be made on the personal knowledge of the affiant, set forth facts that would be admissible in evidence, and show affirmatively that affiant is competent to testify as to the matters stated therein.””
2 later decisions quote this exact passage · from the majority“When written documents are relied on, they must be exhibited in full. The statement of the substance of written instruments or of affiant's interpretation of them . . . are not sufficient.”
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.