Damsky v. Zavatt
In Damsky v. Zavatt, 289 F. 2d 46 (CA2 1961), Judge Friendly, writing for the majority, admitted that his exegesis of the history of the Court of Exchequer from the 12th to the 18th century "may seem to reek unduly of the study." Id., at 48.
Judge Clark, in dissent, quipped " `if not of the museum,' " id., at 59, and denounced the majority for constructing its argument of "unreal and unjustified" steps beginning with the attachment to the claim of "an inapt label, namely, that of the writ of debt," which "as set forth, say, in Chitty" did not look to Judge Clark like the modern statutory tax claims at issue. Ibid.
He called this a "venture in nomenclature" and berated the majority for its fast reliance on "somewhat uncertain history" as well. Ibid.