Tawney v. Clemson’s Empirical Analysis
81 F.2d 300 · 1936
Citation profile
16 federal appellate · 3 district ·
How this case has been cited
Cited by 30 later decisions — most recently October 1982 · most notably Miners Sav. Bank v. Joyce (1938), In the Matter of Atlanta International Raceway, Inc., Bankrupt. Security National Bank v. Stacey W. Cotton, Trustee (1975)
16 federal appellate · 3 district ·
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
Applies 11 U.S.C. § 103 · 11 U.S.C. § 104 · 11 U.S.C. § 107
Relies on Security Mortgage Co. v. Powers · Van Huffel v. Harkelrode · Dayton v. Stanard · Webster v. People's Loan, Savings & Deposit Bank · Gugel v. New Orleans Nat. Bank
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When the sale is made, as in the case at bar, with the lienholder’s consent, it may fairly be inferred that it is made at least in part for his benefit; and there is nothing in the Bankruptcy Act and no equitable consideration which excuses a lienor, who seeks the aid of the bankruptcy court, from paying such part of the costs of the sale and of the expenses of administration as is attributable to the sale of the mortgaged property and the distribution of its proceeds. He is saved the costs of sale and the commissions or fees on the proceeds which would otherwise be incurred in foreclosure proceedings in the state court; and he is properly chargeable with the corresponding expenses of the sale in the federal court undertaken at his request or with his consent in conformity with the Bankruptcy Act.” 81 F. 2d at 304 .”
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.