Davis v. McBride’s Empirical Analysis

Citation profile

12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““29-506. Grounds for vacating or modifying judgment by trial court.— The court in which a judgment or final order has been rendered or made, shall have power, after the expiration of the term, to vacate or modify such judgment or order. First. By granting a new trial for the cause, and in the manner prescribed in section 375 [§ 27-1906]. Second. By a new trial granted in proceedings against defendants constructively summoned, as prescribed in Chapter I, of Title X [§§ 27-1907 — 27-1910] Third. For misprisions of the clerk. Fourth. For fraud practiced by the successful party in the obtaining of the judgment or order. Fifth. For erroneous proceedings against an infant, married woman or person of unsound mind, where the condition of such defendant does not appear in the record, nor the error in the proceedings. Sixth. For the death of one of the parties before the judgment in the action. Seventh. For unavoidable casualty or misfortune preventing the party from appearing or defending. Eighth. For errors in a judgment, shown by an infant in twelve (12) months after arriving at full age, as prescribed in section 423 [§ 29-117] [Civil Code, § 571; C. & M.Dig., § 6290; Pope’s Dig., § 8246.] ””

   1 later decision quote this exact passage
   e.g. St. Paul Fire and Marine Insurance Company v. Hundley

2. “Parties served with summons must thereafter take notice of the pendency of the suit and subsequent proceedings. A party seeking relief against a judgment on the ground of an unavoidable casualty must show that he has been diligent and without negligence.”

   1 later decision quote this exact passage
   e.g. Puterbaugh v. Trussell