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← 92 F.1d 135 - In re Smith

In re Smith’s Empirical Analysis

92 F. 135 · 1899

Citation profile

30
cited by 30 later decisions
3
cited 3 times by the Supreme Court
1
states following
May 1977
most recently cited

8 federal appellate · 16 district · 1 state decisions

How this case has been cited

Cited by 30 later decisions (3 by the Supreme Court) — most recently May 1977 · most notably Straton v. New (1931), In re Watts (1903)

8 federal appellate · 16 district · 1 state decisions

120189919001910192019301940195019601970decided

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 In re Bruss-Ritter Co. · Lea v. George M. West Co.

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.

  1. ““All matters embraced in the bankruptcy act must be controlled and governed by its provisions. Among these are the right and duty of the bankruptcy court to have insolvent estates settled in and by it, under and in accordance with the provisions of the bankruptcy act; to have acts of bankruptcy affecting the settlement of estates determined by it (section 3); to have the rights of debtors to file voluntary petitions, and of creditors to file involuntary petitions, determined by it (section 4); and to have liens and preferences governed by it (sections 60, 67). These and various other provisions of the bankrupt act affecting the conduct and rights of debtors and creditors are different from those found in the statute of this state touching general assignments. In my opinion, the operation of the state law is suspended, and the state courts are without any jurisdiction or authority to administer the estates of bankrupts or insolvents.””
    2 later decisions quote this exact passage · from the majority
  2. ““Where an insolvent debtor makes an assignment for creditors in pursuance of the terms of a state statute, the operation of which is suspended by the national bankruptcy law, and is afterwards adjudged a bankrupt, _ the court of bankruptcy has power, on a summary petition, to order the assignee to surrender the property in his possession to a receiver appointed by a court, of bankruptcy.””
    1 later decision quote this exact passage
  3. “to (15) make such orders, issue such process, and enter such judgments, in addition to those specifically provided for, as may be necessary for the enforcement of the provisions of this act.”
    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.