Marshall v. Knox’s Empirical Analysis

Citation profile

24 federal appellate · 31 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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think that it could not have been the intention of congress thus to deprive parties claiming property, of vjhich they were in possession, of the usual processes of law in defense of their rights.””

   2 later decisions quote this exact passage · from the majority
   e.g. In re Brodbine · Murray v. Beal

2. ““But we think it very clear that the complainant had a right to the possession that no claimed. The fourteenth section of Bankr. Act July 1, 1898, c. 541, 30 Stat. 550 (U. S. Comp. St. 1901, p. 3427), it is true, vests in the assignee all the property and estate of the bankrupt, ‘although the same is then attached on mesne process, as the property of the debt- or, and shall dissolve any such attachment made within four months next preceding the commencement of such proceeding.’ But this clause evidently refers to those cases of original process of attachment which only become perfected liens by the judgments which may ensue. The lessor’s lien for rent on the goods of his tenant, situate on the premises, is one of the strongest and most favored in the law of Louisiana. * * * When the rent accrues, or even before it is due, if the lessor apprehends that the goods may be removed, he may have a writ of provisional seizure to the sheriff, who, by virtue thereof, takes possession of the goods and sells them, in due course, as soon as the court has recognized the amount of rent for which they are liable.””

   1 later decision quote this exact passage · from the majority
   e.g. I. Trager Co. v. Cavaroc Co.

3. ““The several district courts of the United States are constituted courts of bankruptcy, and shall have original jurisdiction in all matters and proceedings in bankruptcy, and they are hereby authorized to hear and adjudicate upon the same according to the provisions of this act, and the jurisdiction hereby conferred shall extend to all eases and controversies arising between the bankrupt and any creditor or creditprs who shall claim any debt or demand under the bankruptcy; to the collection of all the assets of the bankrupt; to the ascertainment .and liquidation of the liens and other specific claims thereon; to the adjustment of the various priorities and conflicting-interests of all parties; and to the marshalling and distribution of the different funds and assets so as to secure the rights of all parties and due distribution of the assets among all the creditors; and to all acts, matters and things to be done under and in virtue of the bankruptcy, until final distribution and settlement of the estate of the bankrupt, and the close of the proceedings in bankruptcy.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Brodbine