Dier v. Banton’s Empirical Analysis

Citation profile

44 federal appellate · 15 district · 6 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 116 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he right of the alleged bankrupt to protest against the use of his books and papers relating to his business as evidence against him ceases as soon as his possession and control over them pass from him by the order directing their delivery into the hands of the Receiver and into the custody of the court. This change of possession and control is for the purpose of properly carrying on the investigation into the affairs of the alleged bankrupt and the preservation of his assets pending such investigation, the adjudication of bankruptcy vel non, and if bankruptcy is adjudged, the proper distribution of the estate. It may be that the allegation of bankruptcy will not be sustained, and in that case, the alleged bankrupt will be entitled to a return of his property including his books and papers; and when they are returned, he may refuse to produce them and stand on his constitutional rights. But while they are, in the due course of the bankruptcy proceedings, taken out of his possession and control, his immunity from producing them, secured him under the Fourth and Fifth Amendments, does not enure to his protection. He has lost any right to object to their use as evidence because, not for purpose of evidence, but in the due investigation of his alleged bankruptcy and the preservation of his estate pending such investigation, the control and possession of his books and papers relating to his business were lawfully taken from him.”

   5 later decisions quote this exact passage · from the majority
   e.g. In Re Ross · 357 F. Supp. 801 - United States v. Seiffert

2. ““ * * * All we hold here is that the court below having exercised discretion to allow the use of the books and papers in the custody of its officer upon subpoena by another court, the alleged bankrupt’s rights under the Fourth and Fifth Amendments have not been violated.””

   1 later decision quote this exact passage · from the majority
   e.g. 225 F. Supp. 711 - United States v. Kanan

3. “a party is privileged from producing the evidence, but not from its production.... [he may not] keep the protection from the introduction of documentary evidence that he would have had while he retained it, after the title and possession have gone to someone else”

   1 later decision quote this exact passage · from the majority
   e.g. Butcher v. Bailey