In re Farthing’s Empirical Analysis

Citation profile

6 federal appellate · 4 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An analysis of the allegation discloses that ‘they hold and own negotiable notes executed by G. C. Farthing’ for the amounts named, ‘now due and owing to petitioners.’ No dates of the alleged notes are given. It is not stated whether the notes are payable to petitioners, or either of them or whether they hold them, or either of them, by assignment, if so, from whom, no due date is given, it does not appear whether respondent executed the notes as sole or joint maker, or as surety or indorser. They allege that the debts are ‘provable claims.’ That, however, is a conclusion of law, rather than an averment of fact, as is the allegation that they are negotiable notes, and this is always bad pleading. The fact that the notes are described as ‘negotiable’ contributes to the uncertainty, indefiniteness, and ambiguity which lurks in the entire • allegation. If payable to petitioning creditors, why not say so ? If held by assignment, how is the respondent to know or surmise to whom they were payable, date, etc.? — of all of which he is entitled to be apprised and the court to be informed. Would any court, proceeding in accordance with any recognized system of procedural law, entertain an allegation so vague and indefinite as a basis for finding the existence of the essential jurisdictional fact without which it could not proceed to render judgment at law or decree in equity?””

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