Thompson v. Mauzy’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This distinction is emphasized by the provisions of section 23a, prescribing limitations of the Circuit Courts of the United 'States in controversies at law and in equity between trustees in bankruptcy, as such, and adverse claimants, concerning the property acquired or claimed by such trustees. In re Friend, 134 Fed. 778 , 67 C. C. A. 500 , and cases there cited. The distinction between ‘controversies at law' and in equity between trustees and adverse claimants,’ and ‘proceedings in bankruptcy,’ is pointed out and dwelt upon in Bardes, Trustee, v. First National Bank, 178 U. S. 524 , 20 Sup. Ct. 1000 , 44 L. Ed. 1175 ; and, although that case was decided prior to the amendment of 1903 (section 23), it is quite as authoritative upon the question of this fundamental distinction as when it was rendered. In Holden v. Stratton, 191 U. S. 119 , 24 Sup. Ct. 45 , 48 L. Ed. 118 , the Supreme Court says: ‘The distinction between steps in bankruptcy proceedings proper and controversies arising out of the settlement of the estates of bankrupts is recognized in sections 23, 24, and 25 of the present act, and the provisions as to revision in matter of law and appeals were framed and must be considered in view of that distinction.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Kirkpatrick v. Harnesberger

2. ““That there is a clear distinction between ‘controversies arising in bankruptcy proceedings’ as mentioned in section 24 a and the ‘proceedings in bankruptcy,’ which by section 24b, the Circuit Courts of Appeal are given jurisdiction to superintend and revise ‘in matter of law’; the former being generally held to embrace questions between the trustee, representing the bankrupt and bis creditors, on the one side, and. adverse claimants, on the other, and not directly affecting those administrative orders and judgments ordinarily known as ‘proceedings in bankruptcy,’ and the latter being confined to those questions arising between the bankrupt and his creditors which are the very.subject of such administrative orders and judgments, from the petition for adjudication to the discharge, and including the intermediate administrative steps, and such controversies as arise between parties to the bankruptcy proceedings as are involved in the allowance of claims, fixing their priorities, sales, allowances, and other matters to be disposed of summarily.””

   1 later decision quote this exact passage · from the majority
   e.g. Kirkpatrick v. Harnesberger