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← 114 ALA 630 - McDonald v. Pearson

McDonald v. Pearson’s Empirical Analysis

1896

Citation profile

57
cited by 57 later decisions
2
states following
May 1981
most recently cited

56 state decisions

How this case has been cited

Cited by 57 later decisions — most recently May 1981 · most notably National Park Bank v. L. & N. R. R. (1917), Wilks v. Wilks (1912)

56 state decisions

1501896190019101920193019401950196019701980decided

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 United States v. Throckmorton · Thames & Co. v. Rembert's Adm'r · Flewellen v. Crane · Perry v. Board of Missions of the Protestant Episcopal Church in the Diocese · 9 N.J. Eq. 702 - Gifford v. Thorn

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

  1. ““The jurisdiction extends to the vacation of the judgments or decrees of courts which have been procured by fraud. But the final judgment or decree of a court of competent jurisdiction is impeachable only for actual fraud in its procurement.” (Italics ours.)”
    2 later decisions quote this exact passage
  2. ““Now, it is necessary to bear in mind what is meant, and what must be meant, by fraud, when it is said that you may impeach a decree signed and enrolled on the ground of fraud. The principle on which a decree may be thus impeached is expressed in the case which is generally referred to on this subject, the DUchess of Kingston’s Case, where the judges, being consulted by the House of Lords, replied to one of the questions, ‘Fraud is an extrinsic collateral act, which vitiates the most solemn proceedings of courts of justice. Lord Coke says it avoids all judicial acts, ecclesiastical or temporal.’ The fraud there spoken of must clearly, as it seems to me, be actual fraud, such that there is on the part of the person chargeable with it the malus animus, the mala mens putting itself in motion and acting in order to take an undue advantage of some other person for the purpose of actually and knowingly defrauding him.””
    1 later decision quote this exact passage

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.