Alexander v. Hagedorn’s Empirical Analysis

Citation profile

12 federal appellate · 572 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 590 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although the bill of review is an equitable proceeding, before a litigant can successfully invoke it to set aside a final judgment he must allege and prove: (1) a meritorious defense to the cause of action alleged to support the judgment, (2) which he was prevented from making by the fraud, accident or wrongful act of the opposite party, (3) unmixed with any fault or negligence of his own.””

   43 later decisions quote this exact passage
   e.g. Farias v. Besteiro · In Re H__ D__, Jr.

2. “I find it impossible to agree to the opinion of the majority and the judgment reversing and rendering the judgments of the Court of Civil Appeals and the District Court, because that opinion and the resulting judgment treat the applicable equitable rules as inflexible rules, ignoring the fact that the rules of equity are in a measure flexible and adaptable to particular exigencies. In doing so the Court is permitting one party in this case to suffer gross wrong at the hands of the other party, and is denying to this Court, although it is a court of equity and this is an equitable proceeding, authority to apply the established rules to the peculiar facts of this case in such way as to prevent gross injustice. I do not suggest that the rules be changed or disregarded, but only that they should be reasonably and fairly adapted and fitted to the facts of the case. If this cannot be done, what is a court of equity for? The majority admit and must admit that respondent Hagedorn had and has a meritorious defense to the original suit. The trial court found from abundant evidence that respondent Hagedorn “had a complete and absolute defense”. He did not own the mule that caused the accident and he did not permit it to run at large. According to the opinion of the majority respondent is required to pay petitioners more than $3,000 as damages for which he was in no way responsible.”

   1 later decision quote this exact passage · from the dissent
   e.g. McDaniel v. Hale

3. ““A Bill of Review, or a petition in the nature of a Bill of Review, is a proceeding in equity having for its purpose the reversal of a prior judgment of the trial court. 22 Tex.Jur. 2d 569, § 28. One of the prime essentials of a proceeding of this nature to have a judgment set aside by Bill of Review is that it must be shown that there existed a meritorious defense to the cause of action; that the complainant was prevented from presenting that defense through extrinsic fraud, accident, or mistake wholly unmixed with any fault or negligence.of his own, so that he was compelled to suffer the judgment by circumstances beyond his control; that he has . not been guilty of a lack of diligence in failing to avail himself of any means to set the judgment aside, and that no other remedy is available. 22 Tex. Jur.2d 572, § 30.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Johnson v. Barnwell Production Company