155 W. Va. 757 - Kelly v. Belcher’s Empirical Analysis
1972
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently March 2016 · most notably 157 W. Va. 778 - Toler v. Shelton (1974), 155 W. Va. 875 - McDaniel v. Romano (1972)
28 state decisions
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 Klapprott v. United States · United States v. Beebe · Tozer v. Charles A. Krause Milling Co. · Kingsbury v. Buckner · Oliphant v. Atlantic Coast Line R.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On motion and upon such terms as are just, the court may relieve a parly or a party's legal representative from a final judgment, order, or proceeding for the following reasons: ... (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adversé parly; ... The motion shall be made within a reasonable time, and for reason!] ...' (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court ... to set aside a judgment for fraud upon the court.”
3 later decisions quote this exact passage““When it appears from the evidence that an order of dismissal confirming a compromise resulted from a misunderstanding or mistaken belief of the attorney for the parties whose cause of action was dismissed by virtue of the compromise and that such compromise was unauthorized and was not consented to by such parties, the judgment of the trial court denying their motion to set aside and vacate the order of dismissal constituted an abuse of discretion and such judgment will be reversed upon appeal.””
1 later decision quote this exact passage“The well recognized general rule is that an attorney who is clothed with no other authority than that arising from his employment as attorney has no implied power by virtue of his general retainer to compromise and settle a claim or cause of action of his client.”
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.