Pearce v. Olney’s Empirical Analysis

Citation profile

2 district · 38 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Indeed, this falls directly within and is but an illustration of the general rule that equity will interfere to restrain the use of an advantage gained in a court of ordinary jurisdiction, which must necessarily make that court an instrument of injustice in all cases where such advantage has been gained by the fraud, accident or mistake of the opposite party.””

   1 later decision quote this exact passage
   e.g. Kimble v. Short

2. “It is well settled-that this jurisdiction will be exercised, whenever a party, having a good defence to an action at law, has had no opportunity to make it, or has been prevented by the fraud or improper management of the other party from making it, and by reason thereof a judgment has been obtained which it is against conscience to enforce.”

   1 later decision quote this exact passage
   e.g. Embry v. Palmer

3. “If this was all, the plaintiff would have no remedy, however unjust it might be to compel him to pay that judgment. Still, as he was duly served with process in that suit,' it was his duty to make defence in it; and an injunction ought not to be granted to relieve him from the consequences of his own neglect.”

   1 later decision quote this exact passage
   e.g. Embry v. Palmer