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← 243 Ala. 389 - Farrell v. Farrell

Farrell v. Farrell’s Empirical Analysis

1942

Citation profile

53
cited by 53 later decisions
2
states following
June 1999
most recently cited

51 state decisions

How this case has been cited

Cited by 53 later decisions — most recently June 1999 · most notably Mudd v. Lanier (1945), Rogers v. Smith (1971)

51 state decisions

160194219501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on United States v. Throckmorton · Evans v. Wilhite · Ward v. . Town of Southfield · Miller v. Rowan · Cunningham v. Wood

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

  1. ““The jurisdiction extends to the vacation of the judgments or decrees of courts which have been procured by fraud. But the final judgment or decree of a court of competent jurisdiction is impeachable only for actual fraud in its procurement. ... McDonald v. Pearson, 114 Ala. 630, 643 , 21 So. 534 , 537 (1897). ‘[T]he fraud ... must be fraud which you can explain and define upon the face of a decree, and ... mere irregularity, or the insisting upon rights which, upon a due investigation of those rights, might be found to be overstated or overestimated, is not the kind of fraud which will authorize the court to set aside a solemn decision which has assumed the form of a decree signed and enrolled.... It is not sufficient merely to raise a suspicion or to show what is sometimes called “constructive fraud,” but there must be a false and fraudulent representation, or a fraudulent affirmative act, or a fraudulent concealment of a fact, for the purpose of obtaining an undue and an unjust advantage of the other party, and procuring an unjust and unconscionable judgment .. .. ’ “An elementary principle is that fraud is not to be presumed when parties do not stand in fiduciary relations, and will not be imputed when the facts and circumstances from which it is supposed to arise are fairly and reasonably consistent with honesty of intention. 1 Story Eq.Jur. § 190.””
    1 later decision quote this exact passage
  2. “'Thus the absence of necessary or indispensable parties in a deed reformation suit is a jurisdictional defect and this Court holds that such defect can be brought to the attention of an appellate court on appeal from a decree involving a bill in the nature of a bill of [review] even when it is not called to the attention of the trial court.'”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.