William Booth v. Ferdinand Clark’s Empirical Analysis

Citation profile

86 federal appellate · 61 district · 77 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 376 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was there held that an ordinary receiver could not sue in a foreign jurisdiction, and an elaborate examination was made by Mr. Justice Wayne of the principles upon which the decision was founded. In speaking of the right, of a receiver appointed under a creditors’ bill in New York to bring an action in a- foreign state, it was said, in the course of the opinion, as to such a receiver: ‘Whether appointed as this receiver was, under the statute of "New York, or wider the rules and practice oí chancery as they may he, Ms official relations to the court are the same. A statute appointment neither enlarges nor diminishes the limitation under his action. His responsibilities are unaltered. Under either kind of appointment he has at most only a passive capacity in the most important part of what it may be necessary for him to do, until it has been called by the direction of the court into ability to act. He has no extraterritorial power of official action; none which the court appointing him can confer with authority to enable him to go into a foreign jurisdiction to take possession of the debtor’s property; none which can give him, upon the principle of comity, a privilege to sue in a foreigu court or another jurisdiction, as the judgment creditor himself might have done where his debtor may be amenable to the tribunal which the creditor may seek.’ This statement has not been overruled or explained away by any subsequent decision of this court to which our attention has been ca”

   9 later decisions quote this exact passage · from the majority
   e.g. Olney v. Tanner · Second Nat. Bank v. New York Silk Manuf'g Co.

2. ““A receiver is an indifferent person between the parties, appointed by the court, and on behalf of all parties, and not of the complainant or defendant only, to receive and hold the thing or property in litigation, pending the suit, to receive the rema, issues, or profits of land, or other thing in question, to receive rents or other income, and to pay ascertained outgoings, when it does nm: «join reasonable to the court that either party should hold it, to hold possession and control of property which is the subject-matter of litigation, and to dispose of the same or deliver it to such person or persons as may be directed by the court. He is said to be the arm and the hand of the court, a part of the machinery of the court, by which the rights of parties are protected.””

   4 later decisions quote this exact passage · from the majority
   e.g. Spring Valley Water Co. v. City & County of San Francisco · Terry v. June

3. ““He (meaning the receiver) is a representative of the court, and may by its direction take into possession every kind of property which may be taken in execution, and also that which is equitable if of a nature to be reduced into possession. Bui: it is not considered in every case that the right to the possession is transferred by his appointment, for where the property is real, and there are tenants, the court is virtually the landlord, though the tenants may, be compelled to attorn to the receiver.””

   3 later decisions quote this exact passage · from the majority
   e.g. Hale v. Hardon · Waters v. Shinn