Recile v. Ward’s Empirical Analysis
496 F.2d 675 · 1974
Citation profile
9 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 27 later decisions — most recently March 2026 · most notably Fils v. City of Aventura (2011), United States v. Taylor (1988)
9 federal appellate · 1 district · 2 state decisions
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 In re Massa · Rameson Brothers, Etc. v. George T. Goggin, Trustee in Bankruptcy, Etc., Frederick M. Rameson, Bankrupt v. George T. Goggin, as Trustee in Bankruptcy, Etc., William W. Rameson, Bankrupt v. George T. Goggin, as Trustee in Bankruptcy, Etc. · In Re Legon · In re Weidemeyer
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`The failure of a court to act, or its incorrect action, can never authorize a nunc pro tunc entry. If a court does not render judgment, or renders one which is imperfect or improper, it has no power to remedy any of these errors or omissions by treating them as clerical misprisions.'”
5 later decisions quote this exact passage · from the majority““Ample case law support the proposition that the provision conferring the referees’ discretion to extend the time for filing extensions must be broadly read. In In re Massa, 2 Cir. 1943, 133 F.2d 191 , the bankrupt attacked the referee’s judgment refusing a discharge, arguing that the objections forming the basis of the refusal were filed out of time. The objections had been filed out of time, but the referee had allowed them to be filed and had proceeded to hold hearings on them. The Court of Appeals for the Second Circuit held that the referee’s holding of the hearings and his acceptance of the objections were evidence that he had extended the time for filing the objections. In Rameson Brothers v. Goggin, 9 Cir. 1957, 241 F.2d 271 , the Ninth Circuit held that technical errors in the papers granting an extension did not bar filing objections, because the referee could permit late filing of the papers, even without a formal extension. In In re Wiedemeyer, E.D.N.Y.1940, 32 F.Supp. 809 , the court held that where the illness of the creditor’s clerk had prevented the timely filing of an objection, but the discharge had not yet been granted, the referee could allow the papers to be filed out of time. See also In re Legon, S.D.N.Y.1949, 85 F.Supp. 946 (referee has discretion to extend time without filing a formal order granting an extension). “In accordance with the principle that the power to extend the time for filing objections should be liberally construed, we hold that the r”
2 later decisions quote this exact passage · from the majority““Because of the importance which should be attached to encouraging interested parties to oppose a discharge where there is reasonable grounds to suspect that an objection exists, this discretionary power to extend the time for objections should be liberally construed.” 1A Collier on Bankruptcy ¶ 14.06, p. 1274 (14th ed. 1978).”
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.