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← 331 FSUPP 1307 - In re Rubicon, Ltd.

In re Rubicon, Ltd.’s Empirical Analysis

1971

Citation profile

2
cited by 2 later decisions
December 2014
most recently cited

Relationships

Relies on Priestly v. Hilliard & Tabor · In re Chakos · Gilbert v. Quimby · De Tamble v. New York Life Ins. · Berman v. National Finance 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “That the dividend was not attachable on process from the state courts would seem to be quite clear. While in the hands of the assignee [in bankruptcy], it would be part of the estate of the bankrupt in the custody of the court. It would not be held the property of the debtor, but would only be property that would become his when he should get it. He could not maintain any suit against the assignee for it, nor obtain it by any legal process other than application to the District Court having control of the fund as a party to the proceedings in that court. Money in the hands of a disbursing officer of the United States, due to a private person, cannot be attached on process against such person out of a state court, because the money will not be his, but will remain the property of the United States until it is paid to him.”
    1 later decision quote this exact passage · from the majority
  2. “The reason of this doctrine seems to be that the court having the money or property in its custody under the law holds it for some purpose, of which that court is exclusive judge. To permit property or money thus held to be seized, attached, or garnisheed, would therefore defeat the very purpose for which it is held, and in many cases enable some other court to dispose of property or money, and wholly divert it from the end or purpose for which possession has been taken. A conflict of jurisdiction and decision would in many cases ensue.”
    1 later decision quote this exact passage · from the majority

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.