In re Baker’s Empirical Analysis

Citation profile

5 federal appellate · 4 district · 1 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““3. By section 9a, subd. 2 [Act July 1, 1898, c. 541, 30 Stat. 549 , U. S. Comp. St. 1901, p. 3425], the bankrupt is declared entitled to be exempt from arrest on civil process, except upon a debt or claim from which his discharge would not be a release. This imports that the bankrupt shall not be exempt from arrest where the debt or claim would not be released by his discharge, except to the limited extent provided; namely, when the bankrupt is ‘in attendance upon a court of bankruptcy or engaged in the performance of a duty imposed by the act.’ “This latter exception is new; there was no similar provision in the act of 1867 [Act March 2, 1867, c. 176, 14 Stat. 517 ]. How far does this exception extend? Is it to be construed as applying to the whole period during which the bankrupt has duties to perform, or only to the particular occasions when he is actually performing them? Section 7 [Act July 1, 1898, c. 541, 30 Stat. 548 , U. S. Comp. St. 1901, p. 3425], imposes numerous duties upon the bankrupt which continue at least up to the time of the hearing on his discharge. In most important cases his attendance for examination is required on numerous occasions from time to time, not merely upon his original examination and on his examination upon the application for a discharge, but on many other questions that frequently arise with reference to his assets or to disputed or doubtful liens or claims against the estate. “For the bankrupt it is contended that a liberal constructio”

   1 later decision quote this exact passage
   e.g. In re Dresser

2. ““There is no merit in trie contention triat, because a judgment is, generally speaking, a debt, it is like any other debt in trie administration of the bankrupt law. Trie character of trie claim upon which trie action is brought and the nature of the proceeding enter into and determine trie character of the judgment when brought into a court of bankruptcy.””

   1 later decision quote this exact passage
   e.g. Cutler Hardware Co. v. Hacker