Plumly v. Plumly’s Empirical Analysis

Citation profile

21 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That part- of the judgment which was based upon the agreement of the parties is governed by the laws relating to contracts, rather than laws relating to judgments. Turman v. Turman, 123 Tex. 1 , 64 S.W.2d 137 ; Tyner v. City of Port Arthur, 115 Tex. 310 , 280 S.W. 523 ; Edwards v. Gifford, 137 Tex. 559 , 155 S.W.2d 786 . “An agreed judgment is interpreted like a contract between the parties. Missouri, K. & T. R. Co. of Texas v. State, Tex.Civ.App., 275 S.W. 673 ; Pendery v. Panhandle Refining Company, Tex.Civ.App., 169 S.W.2d 766 . “Consent judgment rendered pursuant to written agreement bé'comés a contract between the parties as well as an adjudication between them. De Garza v. Magnolia Petroleum Co., Tex.Civ.App., 83 S.W.2d 453 . Consent judgments are, in effect, merely contracts acknowledged in open court and ordered to be recorded, but as such they bind the parties as fully as do other judgments. Prince v. Frost-Johnson Lumber Co., Tex.Civ.App., 250 S.W. 785 .””

   2 later decisions quote this exact passage
   e.g. Brady v. Hyman · Alexander v. Alexander

2. ““This part of the decree does not represent the exercise of the trial court’s judgment as to how much stock should be placed in trust and how long it should be kept there, but, on the contrary, this matter was settled by an agreement of the parties, and concerned a matter which could properly be settled by agreement. The trial judge merely approved their agreement. If the stock is being held in trust for too great a period of time it is the result of a bad bargain entered into by appellant, and not the exercise of the judgment of the trial court. This agreement having been entered into by the parties, in the absence of fraud, accident or mistake, should not be set aside or modified except by the consent of the parties. Belstrom v. Belstrom, Tex.Civ.App., 144 S.W.2d 614 ; Scott v. Fort Worth National Bank, Text.Civ.App., 125 S.W.2d 356 ; Smith v. Blanton, Tex.Civ.App., 240 S.W. 651 ; Snipes v. Snipes, Tex.Civ. App., 174 S.W.2d 741 .””

   1 later decision quote this exact passage
   e.g. Duke v. Duke