Burns v. Bennett’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In a proceeding under [236] the nature or substance of the defense stated should be regarded chiefly as hearing upon the real belief, good faith and intention of the counsel making the statement. If he has complied with the rule, that is, has disclosed as required, and satisfied the court of his belief and good faith and intention to make the defense, then the truth or the legal sufficiency of it should be left to be tried and determined in the ordinary and regular way . . . . If the disclosed defense in a given case is clearly and palpably untruthful, or irrelevant, or utterly frivolous, it would indicate bad faith on the part of the counsel, and might warrant the court in holding that it was not satisfied either that the CT Page 4825 attorney believed that a bona fide defense existed, or that he intended to make it, but that is a very different thing from passing upon the legal sufficiency of an apparently good defense, believed in good faith to exist, and honestly intended to be made.”

   1 later decision quote this exact passage
   e.g. 1992 Conn. Super. Ct. 4822 - Cardello v. Brennan, No. 058632 (May 29, 1992)

2. “In any action to foreclose or discharge any mortgage or lien or to quiet title, or in any action upon any written contract in which there is an appearance by an attorney for any defendant, the plaintiff may at any time file and serve in accordance with Sec. 120 a written demand that such attorney present to the court, to become a part of the file in such case, a writing signed by him stating whether he has reason to believe and CT Page 6648 does believe that there exists a bona fide defense to the plaintiff's action and whether such defense will be made, together with a general statement of the nature or substance of such defense. . . .”

   1 later decision quote this exact passage
   e.g. 1993 Conn. Super. Ct. 6646 - Dohn v. Simone, No. Cv93 0129505 (Jul. 20, 1993)

3. “Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the superior court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.”

   1 later decision quote this exact passage
   e.g. 1995 Conn. Super. Ct. 12417 - Lenzi v. Lodge, No. Cvnh 9411-6605 (Oct. 13, 1995)