Wilson v. Miller’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . [T]hat our entire judicial process for trial of civil controversies would be destroyed if a court’s summons or other process were permitted to be treated with neglectful indifference.” (p. 322.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Tyler v. Cowen Construction, Inc. · Reliance Insurance Companies v. Thompson-Hayward Chemical Co.

2. ““For good cause shown the court may set aside a judgment entered by default in accordance with K. S. A. 60-260 (b).””

   2 later decisions quote this exact passage · from the majority
   e.g. Cadwallader v. Lehman · Reliance Insurance Companies v. Thompson-Hayward Chemical Co.

3. ““Since the foregoing provision was lifted from rule 60 of the Federal Rules of Civil Procedure we may look to federal cases for its construction and application. “Relief under the provision quoted is not a matter of right, but is addressed to the sound discretion of the trial court. See, e. g., Fischer v. Dover Steamship Co., 218 F. 2d 682 ; Smith v. Kincaid, 249 F. 2d 243 ; and Petition of Pui Lan lee, 20 F. R. D. 399. Discretion should ordinarily incline towards granting relief in order that judgments reflect the true merits of the case. (Barber v. Turberville, 218 F. 2d 34 .) However, it is desirable that final judgments not be lightly disturbed and the motions and the grounds for that relief should be closely scrutinized.” (p.796.)”

   1 later decision quote this exact passage · from the majority
   e.g. Cadwallader v. Lehman