Mingenback v. Mingenback’s Empirical Analysis

Citation profile

6 federal appellate · 26 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has long been the rule of this court that when an action is filed and summons issued, or an affidavit for publication filed within the period of limitation and the plaintiff faithfully, properly and diligently endeavors to procure service, the action is deemed commenced as of the date of the filing of the action, provided service of summons or first publication is actually had within sixty days * * (Emphasis added.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Bond v. Golden · Hardwick v. Smith

2. ““. . . where a court of equity has obtained jurisdiction of a controversy on any ground it will retain such jurisdiction for the purpose of administering complete relief and doing entire justice with respect to the subject matter (citing cases); ... a trial court, sitting as a court of equity, is not obliged to render the specific decree prayed for, but may render a decree in accord with its own good judgment or discretion as to what justice demands, in view of the facts pleaded and evidence adduced (citing cases); . . . in a suit of equity where a court has before it all the property involved, all the parties claiming rights thereto and their respective claims, it should complete the determination of their respective rights and make an appropriate decree so as to avoid future litigation, as far as possible (citing cases).””

   1 later decision quote this exact passage · from the majority
   e.g. National Reserve Life Insurance v. Hand

3. ““If the facts put in issue and established by evidence entitle the party to any relief in the power of the court to give, although not demanded, it is the duty of the court to give it, and its power to do so is not conditioned upon the form of the prayer. (Hardy v. LaDow, 72 Kan. 174 , 177 83 Pac. 401 .) Equity will give whatever relief the facts warrant. (Cowman v. Phillips Petroleum Co., 142 Kan. 762, 768 , 51 P. 2d 988 .) The distinguishing feature of equity jurisdiction it that it possesses full power to apply settled rules to unusual conditions and to mold its decree so as to do equity between the parties. (Hultz v. Taylor, 163 Kan. 180, 185 , 181 P. 2d 515 .) (pp. 482, 483.)”

   1 later decision quote this exact passage · from the majority
   e.g. Garnes v. Barber