Gerstel v. Shaw’s Empirical Analysis
71 F.2d 371 · 1934
Citation profile
5 federal appellate · 1 state decisions
How this case has been cited
Cited by 6 later decisions — most recently April 1968
5 federal appellate · 1 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 Mueller v. Nugent · Isaacs v. Hobbs Tie & Timber Co. · Board of Trade of City of Chicago v. Johnson · Byron Babbitt v. Howard Dutcher T · Taylor v. Voss
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The trustee's contention is that, since the bankrupt was in possession of the hotel and furnishings when the petition was filed, the property was in custodia legis from that time, and the court is entitled to regain possession summarily; it being the duty of persons having claims to or against it to apply to the court for their recognition. Mueller v. Nugent, 184 U.S. 1 , 22 S.Ct. 269, 46 L.Ed. 405; Babbitt v. Dutcher, 216 U.S. 102 , 30 S.Ct. 372, 54 L.Ed. 402, 17 Ann.Cas. 969; Board of Trade of Chicago v. Johnson, 264 U.S. 1 , 44 S. Ct. 232, 68 L.Ed. 533; Isaacs, Trustee, v. Hobbs Tie & Timber Co., 282 U.S. 734 , 51 S.Ct. 270, 75 L.Ed. 645. Transfers pending adjudication from an alleged bankrupt of his property are no doubt generally at the peril of the taker. International Bank v. Sherman, 101 U.S. 403 , 25 L.Ed. 866. And a surrender by a receiver without the court's authority is inoperative. Whitney v. Wenman, 198 U.S. 539 , 25 S.Ct. 778, 49 L.Ed. 1157.”
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.