Commonwealth v. Axsom’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well settled that courts of this Commonwealth possess inherent power to act where equity so demands. Great American Credit Corp. v. Thomas Mini-Markets, Inc., 230 Pa. Superior Ct. 210 , 326 A.2d 517 (1974). In such situations, the power of the court to open and set aside its judgments may extend beyond the expiration of the appeal period. Id. The discretionary power of the court over such judgments is, however, very limited. Simpson v. Allstate Insurance Co., 350 Pa. Superior Ct. 239 , 504 A.2d 335 (1986). Generally, judgments regularly entered in adverse proceedings cannot be opened or vacated after they have become final, unless there has been fraud or some other circumstances “so grave or compelling as to constitute ‘extraordinary cause’ justifying intervention by the court.” Id., 350 Pa.Superior Ct. at 245, 504 A.2d at 337 . Such circumstances have customarily entailed an oversight or act by the court, or failure of the judicial process, which operates to deny the losing party knowledge of entry of final judgment and commencement of the running of the appeal period. DeMarco v. Borough of East McKeesport, 125 Pa. Commonwealth Ct. 13 , 556 A.2d 977 (1989).”

   1 later decision quote this exact passage
   e.g. Board of Supervisors v. Quarture

2. “Except as otherwise provided or prescribed by law, a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstanding the prior termination of any term of court, if no appeal from such order has been taken or allowed.”

   1 later decision quote this exact passage
   e.g. Jackson v. Hendrick