Beth v. Harris’s Empirical Analysis

Citation profile

13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is no suggestion that any advantage of Jones was taken by opposing counsel. The contrary is conclusively shown. The depositions which he had taken were found in his files, but the exhibits had never been attached. This may account for the failure of Jones to file the depositions, and if so, the negligence and inattention of the clients themselves was responsible for the failure to file the depositions. However, the clients are bound by the inaction and inattention of their attorney. At Sec. 78, Ch. Attorneys, 5 Am.Jur. 306, it is said: ‘The courts will not usually relieve a party against the fault or negligence of his attorney, unless it is an extreme case where a clear failure of justice would otherwise result, particularly if the client is also negligent where, by diligence, he might have avoided the consequences of his attorney’s negligence.’ “Here we are asked to vacate a judgment after the expiration of the term at which it was rendered, and to do so because of unavoidable casualty. In the case of Lawson v. Bettison, 12 Ark. 401 , it was held that when a person employs an attorney, he is concluded by his acts or omissions, where no fraud or unfairness is made to appear.””

   1 later decision quote this exact passage
   e.g. 283 F. Supp. 353 - Brixey v. Union Oil Company of California