Klemp v. Winter’s Empirical Analysis

Citation profile

24 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 fraud vitiates everything it touches — final judgments, final orders, final settlements and contracts, as well as things of less consequence — we suppose all persons will admit. And that courts, possessing general equity or chancery jurisdiction, have the power to grant proper relief in all cases of fraud, we suppose will also be admitted. . . . “We think it is possible that, under sections 568, 575, and 576 of the Code of Civil Procedure, the plaintiff might have had Winter’s said settlements in the probate court set aside by the probate court. But this would have been a very inadequate remedy in this case. . . . The whole status of things had changed since said settlements were made, and the probate court had lost its jurisdiction over the parties and over the estate, except, perhaps, to merely set aside said fraudulent settlements. But when they were set aside (if set aside), the plaintiff would be but little nearer to a complete remedy for the wrongs she had suffered than she was before. She would still have to sue in the district court to recover her money which Winter wrongfully detained from her. . . . The probate court had no power to set that contract aside. The district court alone was the only court that could have obtained the requisite jurisdiction over it, so as to set it aside. And so long as this contract remained in force, the setting aside of said fraudulent settlements would have been of no benefit to the plaintiff. Hence it was necessary for the plai”

   1 later decision quote this exact passage · from the majority
   e.g. James v. Young

2. ““Under the laws of this state, the district courts of Kansas possess general equity and chancery jurisdiction, as well as general common-law jurisdiction; and unless something can be found to take away a portion of this jurisdiction, or to limit the exercise thereof, the district. courts undoubtedly have the power to hear and determine all such, cases as the present case. Now, there is no law in this'state expressly taking away or limiting the jurisdiction of the district court with reference to this particular case or class of cases; and there is no law impliedly doing so, as we think.””

   1 later decision quote this exact passage · from the majority
   e.g. Henry v. Edde