In re Vulcan Foundry & Machine Co.’s Empirical Analysis
180 F. 671 · 1910
Citation profile
7 federal appellate · 6 district ·
How this case has been cited
Cited by 21 later decisions (2 by the Supreme Court) — most recently December 2001
7 federal appellate · 6 district ·
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 Farmers' Loan & Trust Co. v. Grape Creek Coal Co. · Wolf's Appeal · Bausman's & Herr's Appeal · Burkholder's Appeal · Newton v. Eagle & Phoenix Manuf'g Co.
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is no doubt true that the federal tribunals support the power of the District Court to sell a bankrupt’s real estate discharged of liens — and to that extent the position of a lien is undoubtedly affected — but care is always taken to protect the liens by transferring them to the fund produced by the sale, and their virtual ownership of the property is thus effectively admitted. It is also true that in some cases certain expenses have been charged against lienholders, for example, the expense of selling the incumbered property, and such a charge may no doubt be warranted under some conditions. It would certainly be warranted if the lienholders came into the District Court (as they did in several reported cases) and asked that the sale might be made by that tribunal, for otherwise they would themselves be put to a similar expense in proceeding upon their liens in another forum. But where it is sought to charge a lienholder with the cost of preserving and administering the incumbered property, as distinguished from the cost of its sale, it becomes necessary to consider the particular situation with great care, paying due regard to the rights of those who are in equity part owners of the property, for they cannot be deprived of their valuable interest, except in strict accordance with legal or equitable rules. Especially is this true when a lien-holder stands upon his lawful rights, and does not' assent, expressly or by necessary implication, to the acts for which he is afte”
2 later decisions quote this exact passage · from the majoritye.g. In re Howard · In re West
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.