Barrett v. Smith’s Empirical Analysis

Citation profile

1 district · 64 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * where the second motion results only in confirming the original order, which has neither been vacated nor appealed from within the time limited by statute, the right to appeal is gone beyond power of recall. We cannot hold that the right of appeal is revived or continued by what at best is merely an unsuccessful motion to vacate the first order. Our law has long been settled to the contrary. Worrlein v. Maier, 177 Minn. 474 , 225 N. W. 399 , following Little v. Leighton, 46 Minn. 201 , 48 N. W. 778 . The contrary rule would permit form to control substance and leave the termination of the time for appeal in the realm of uncertainty and at the mercy of mere implication, whereas by nature it is something which should always be determinable by express and certain record.””

   2 later decisions quote this exact passage
   e.g. Kolb v. City of Minneapolis · Bennett v. Johnson

2. ““There is force in the argument that any order, in form one denying a new trial, even on a second motion, should be appealable under the statute. It was so held in First Nat. Bank v. Briggs, 34 Minn. 266 , 26 N. W. 6 . If the court has the power to reconsider, as obviously it has, and does so and again denies the motion, why should there not be an appeal, even though the time for appealing from the first order has expired? The answer is in the statute (G. S. 1923 [ 2 Mason, 1927 ] § 9497) terminating the right of appeal 30 days from notice of the order. That period cannot be extended by agreement of the parties or order of court. 1 Dunnell, Minn. Dig. (2 ed. & Supp.) § 318. So where the second motion results only in confirming the original order, which has neither been vacated nor appealed from within the time limited by statute, the right to appeal is gone beyond power of recall. We cannot Bold that the right of appeal is revived or continued by what at best is merely an unsuccessful motion to vacate the first order. Our law has long been settled to the contrary. [Citing cases.] * “ * There would have been no difficulty in this case had there been a vacation (either before or after expiration of the time for appeal) of the order denying defendants’ first motion for a new trial, followed by a reconsideration of the merits on defendants’ second motion and an order denying that. In such case there could be no question of the right to appeal from the last order. 4> * A litiga”

   1 later decision quote this exact passage
   e.g. In Re Guardianship of Jaus

3. ““A strict and definite rule is needed. We hold it to be that where the right of appeal from an unvacated appealable order has expired the right of appeal is not revived by a negative order on a second motion for the same relief.””

   1 later decision quote this exact passage
   e.g. General Motors Acceptance Corp. v. Jobe