Hendryx v. Perkins’s Empirical Analysis

Citation profile

7 federal appellate · 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On July 21st the defendants filed an answer to the supplemental bill for discovery and relief, and the court proceeded to a hearing on this bill and answer. This is most material. The complainant objected to any hearing upon this bill and answer, and the court had no right to set' the case down for hearing, unless upon motion of the complainant or with his assent. That hearing took place undei* a mistake of all parties — -the counsel for the complainant, because he\supposed that the case had been set down for hearing upon the bill and answer as they stood on June 29th, when it could not have been so set down under the facts as I find them; and under a mistake of the court and of the counsel for the defendants in setting the case down for hearing upon the bill and answer of July 21st. The result is that the complainant has not been allowed to make out his case. There has been no hearing upon the merits. There was a mistake of fact, for which I think the parties, the counsel, and the court were all to a certain extent responsible. The court undertook to render a decision and enter a decree upon the bill and answer filed on July ’21st, which was a wrong proceeding on its part. To be sure, the complainant contended for a position which was untenable, and which helped to mislead the court; but that affords no justification of the course which was pursued. * * * Under all the circumstances I have decided to take the responsibility of allowing this case to be reheard, leaving my ac”

   1 later decision quote this exact passage · from the majority
   e.g. Perkins v. Hendryx

2. ““I ain under a strong conviction that the relief sought ought to be afforded, not upon the ground of fraud, for that is not shown, but upon the ground of accident or mistake, which is found as a fact, and stated by the learned circuit judge in the cot.. .. below as a reason for his action in vacating the original decree; and, if necessary for such relief, that leave should be granted to reframe the petition, to the end that relief may be afforded upon the ground of mistake in accordance with the view of the circuit court as shown by' the findings and the opinion therein.””

   1 later decision quote this exact passage · from the majority
   e.g. Perkins v. Hendryx

3. ““A party who charges fraud assumes a grave responsibility by reason of making injurious allegations, which be cannot escape by substituting another issue in lieu thereof. The only exceptions have been in some instances where the bill had a double aspect, so that, therefore, It might be sustained according to its other allegations, even .if those charging fraud were not proven. In such cases the proper practice is to expressly dismiss the hill so far as fraud is concerned.””

   1 later decision quote this exact passage · from the majority
   e.g. Munro v. Smith