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← 132 F.2d 985 - Brady v. Beams

Brady v. Beams’s Empirical Analysis

132 F.2d 985 · 1942

Citation profile

20
cited by 20 later decisions
2
states following
June 2001
most recently cited

13 federal appellate · 2 district · 2 state decisions

How this case has been cited

Cited by 20 later decisions — most recently June 2001

13 federal appellate · 2 district · 2 state decisions

601942195019601970198019902000decided

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 · John Simmons Co. v. Grier Bros. · In re Potts · Vance v. Burbank · Gallup v. Caldwell

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

  1. “A United States court sitting in equity may vacate and set aside a judgment for fraud which was extrinsic or collateral to the matter tried but not for fraud which was in issue in the former suit. United States v. Throckmorton, 98 U.S. 61 , 25 L.Ed. 93 . The line of distinction between the two is sometimes indistinct and difficult to draw; dialectic niceties have sometimes been used in an effort to blueprint it; and tenuous differences have occasionally been sketched. Broadly stated, fraud practiced by a successful litigant which prevents his unsuccessful adversary from fully exhibiting his case, such as wrongfully preventing him or his material witnesses from attending the trial, inducing his attorney to professional delinquency or infidelity in connection with the case, or some other similar act, unmixed with fault, or negligence on the part of the losing party, constitutes extrinsic or collateral fraud; and the introduction of perjured testimony or forged documents, or other cognate matter, which is actually considered in the judgment constitutes intrinsic fraud. (Brady v. Beams, 132 F.2d 985 at 986-987 (10th Cir. 1943)).”
    1 later decision quote this exact passage · from the majority
  2. ““Where a judgment has been affirmed on appeal and the mandate handed down it is beyond the power of the lower court to disturb the judgment without leave of the appellate court. This procedure is required by long settled principles.””
    1 later decision quote this exact passage · from the majority

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.