In re Kehler’s Empirical Analysis

Citation profile

5 federal appellate · 1 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. ““If Re (Kehler) committed the acts of bankruptcy alleged in the petition while insane, the adjudication is a wrong which, irrespective of technical objections to the pleadings and proceedings of his committee, should be righted. If, on the other hand, these acts were committed while sane, there was no error in continuing the case even though the bankrupt subsequently became insane. Section 8 of the bankruptcy act 1 provides that the insanity of a bankrupt shall not abate the proceedings, and section 1 provides that the word ‘bankrupt’ shall include a person against whom an involuntary petition lias been filed. It is manifest, therefore, that if Kehler committed an act of bankruptcy while sane, and by reason of such act the court obtained jurisdiction, it cart continue the proceedings notwithstanding the subsequent insanity of the bankrupt. * * * The district judge correctly states the proposition as follows: ’True, an insane person cannot commit an act of bankruptcy, but if Kehler was compos mentis at the time the acts were committed, the petition by creditors being filed before he was adjudged insane, I think the court acquired jurisdiction of the proceedings.’ ””

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

2. ““Should the petitioning creditors desire an opportunity to rebut, fine presumption of insanity arising from the inquisition, an opportunity should be given them.””

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