Bryan v. Louis Bernheimer’s Empirical Analysis

Citation profile

172 federal appellate · 134 district · 17 state decisions

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

1. ““In our opinion, upon tlie case presented on this review, the District Court had jurisdiction to malte the order complained of. The assignment by Hays to Stewart did not constitute the latter an assignee for value, but simply made him the agent of Hays for the distribution of the proceeds of the property among the latter’s creditors. Being such agent, his possession was that of the principal, and he therefore did not hold adversely to the bankrupt, or, to the latter’s trustee, by the mere fact that he held in his hands funds received by him under the assignment.””

   4 later decisions quote this exact passage · from the majority
   e.g. In re Talbott · Brandt v. Mathew

2. ““If the bankrupt does not voluntarily aid the court, or is inclined to defeat the proceedings, he can, with the aid of friends or irresponsible persons, sell his movable property, and put the money in his pocket, or secreto his goods or remove them beyond the reach of his assignee or the process of the court, and defy the law. The evidence in this case shows the manner in which this can be done. It was the purpose of the act of congress to prevent this evil. It therefore provides that, as soon as the petition in bank ruptey is filed, the court may issue to the marshal a provisional warrant directing him to take possession of the property and effects of the bankrupt, and hold them subject to the further order of the court To have limited this right or duty of seizure to such property as he might find in the actual possession of the bankrupt would have manifestly defeated in many instances the purposes of the writ. There is therefore no such limitation expressed or' implied. As in the writ of attachment or the ordinary execution on a judgment for the recovery of money, the officer is authorized to seize the property of the defendant, wherever found, so here it is made his duty to take into his possession the property of the bankrupt wherever he may find it. It is made his duty to collect and hold possession until the assignee is appointed! or. the property is released by some order of the court, and he would ill perform that duty if he should accept the statement of every man i”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Smith · Blum v. Houser

3. “with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings . . . to . . . (7) cause the estates of bankrupts to be collected, reduced to money and distributed, and determine controversies in relation thereto, except as herein otherwise provided . . . .”

   2 later decisions quote this exact passage · from the majority
   e.g. Williams v. Austrian · In re Dialogue