Oglesby v. Attrill’s Empirical Analysis

Citation profile

14 federal appellate · 2 district · 32 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing.” Article 3071, R.C.C. “Transactions regulate only the differences which appear clearly to be comprehended in them by the intention of the parties, whether it be explained in a general or particular manner, unless it be the necessary consequence of what is expressed; and they do not extend to differences which the parties never intended to- include in them.” Artitle 3073, R.C.C “Transactions have, between the interested parties, a force equal to the authority of things adjudged. They can not be attacked on account of any error in law or any lesion. But an error in calculation may always be corrected.” Article 3078, R.C.C. “This was therefore a transaction or compromise. It was an agreement between the parties to adjust their differences by mutual consent, Civil Code, Article 3071. This transaction had between the ■ parties ‘a force equal to the authority of things adjudged.’ ' Civil Code, Article 3078. Transactions of this kind,need no other cause or consideration to support them than that which the Code itself prescribes in Article 3071. The manner in which the parties settled their differences was preferred by each to the hope of gaining, balanced by the danger of losing.” Gregory ”

   1 later decision quote this exact passage · from the majority
   e.g. Stoufflet v. Duplantis

2. ““The compromise stands, therefore, as a judgment, making a settlement of the very matters now set up as grounds of complaint in the petition in reconvention; that is, ‘the frauds and machinations of the officers of the company’ in levying the assessment. It settled all claims arising from the assessment, and the alleged fraudulent purposes of the officers in connection with it. Though made directly between the company and the defendants, it protects from further suit those who advised, equally with those who levied, the assessment; participants in whatever wrong was committed, if any there were, as well as principals; abettors as well as doers of it. No allegations of fraud, in addition to those made at the settlement, can prevent the compromise from having effect as a judgment thereon. It may, indeed, by a direct proceeding instituted for that purpose, be rescinded, for fraud, but it cannot, any more than any other judgment, be attacked collaterally. Adle v. Prudhomme, 16 La.Ann. 343 . In the face of the compromise, the reconventional demand cannot be sustained.””

   1 later decision quote this exact passage · from the majority
   e.g. Diaz v. Montaner y Lizama

3. ““As to the wisdom of an assessment, or its necessity at the time, or the motives which prompt it, the courts will not inquire, if it be within the legitimate authority of the directors to levy it, and the objects for which the company was incorporated would justify the expenditure of the money to be raised. They will not examine into the affairs of a corporation to determine the expediency of its action, or the motives for it, when the action itself is lawful.””

   1 later decision quote this exact passage · from the majority
   e.g. American Alkali Co. v. Campbell