Daniel Green's Administratrix v. Fletcher Creighton’s Empirical Analysis

Citation profile

44 federal appellate · 5 district · 14 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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The remaining question to be considered is whether the debt described in the bill entitles the plaintiff to come into a court of equity under the circumstances. It is well settled that no one can proceed against the sureties on an administration bond at law who has not recovered a judgment against the administrator. But this rule is not founded upon the supposition that there is no breach of the bond until a judgment is actually obtained. The duty of the administrator arises to pay the debts when their existence is discovered, and the bond is forfeited when that duty is disregarded. The jurisdiction of a court of equity to enforce the bond arises from its jurisdiction over administrators, its disposition to prevent multiplicity of suits, and its power to adapt its decrees to the substantial justice of the case. In this case the original debtor has died insolvent. His surety has died insolvent. A portion of the assets belonging to the estate of the latter is in the hands of the surety of this administrator. A discovery of the nature and amount of the assets in hand, and their application to the payment of the debt, are required if they are subject to the application.””

   1 later decision quote this exact passage · from the majority
   e.g. Walker v. Brown

2. ““ What measures the courts of the United States may take to secure the equality of such creditors in the distribution of the assets, as provided in the state laws, (if any,) independently of the administration in the probate courts, cannot be considered until a ease should be presented to this court.” Green v. Creighton, supra.”

   1 later decision quote this exact passage · from the majority
   e.g. Logan v. Greenlaw

3. “may establish his debt in the courts of the United States against the representatives of a decedent, notwithstanding the local laws relative to the administration and settlement of insolvent estates”

   1 later decision quote this exact passage · from the majority
   e.g. Alfred Gross Commissioner of Insurance v. Robert Weingarten