In re Ruppel’s Empirical Analysis

Citation profile

1 district ·

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The lease contained a clause providing for the forfeiture of the same in the event of the nonpayment ol’ rent; but no attempt was ever made by the landlords to take advantage of this danse, but, on the contrary, they accepted the tenancy of the vendee of the license, stock, fixtures, and lease. In order that a landlord may claim priority out of a fund, the priority of payment should bo claimed under section 6db of the bankrupt act (Act duly 1, 1898, c. 541, 30 Stat. 563 [U. S. Comp. St 1901, p. 3148]), which is as follows: ‘Debts owing to any person who, by the laws of any state or of the United States, is entitled to priority. * * * ’ The act of June 16, 1836, of the state of Pennsylvania (P. L. 755), provides as follows: “ ‘The goods and chattels being in and upon any messuage, lands or tenements which are or shall be demised for life or years or otherwise, taken by virtue of an execution and liable to the distress of the landlord, shall be liable for the payment of any sums of money due for rent at the time of the taking of such goods in execution.’ “It is clear from the words of this act that priority must be claimed out of goods and chattels levied on. It Is well settled that a license cannot he seized and taken in execution; for It Is a personal right merely, and transferable only by the court. See the ease of Ulrich’s License, 6 Pa. Dist. 11 . 408. A landlord cannot claim priority out of the sale of a license in a bankrupt court “The clause in the lease providing for ”

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