Moorman v. Cox’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The section of our statute relative to the right to intervene is found in Acts 1881 (Spec. Sess.) ch. 38, § 24, p. 240, § 2-222, Burns’ 1946 Replacement and reads as follows: ‘Making new parties — Right to intervene — The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others or by saving their rights; but when a complete determination of the controversy can not be had without the presence of other parties, the court must cause them to be joined as proper parties. And when, in an action for the recovery of real or personal property a person not a party to the action, but having an interest in the subject thereof, makes application. to the court to be made a party, it may order him to be made a party by the proper amendment.’ “Under this statute, as we interpret it, parties seeking to intervene have the burden of showing that they have an immediate and direct interest in the subject matter of the action. Gibault Home for Boys v. Terre Haute First Nat. Bank (1949), 227 Ind. 410, 415 , 85 N. E. 2d 824, 826 . “This is the issue which the petition to ..intervene seeks to present in the trial court, to have heard and determined in that court. The issues may be either legal, factual or both. There may be a legal issue here as to whether or not a resulting trust arises by reason of the alleged inability to carry out the objectives of the trust as created by the will. There may be a legal issue here as to wheth”

   1 later decision quote this exact passage
   e.g. 143 Ind. App. 696 - Lewis v. Burke

2. ““Making new parties — Right to intervene.— The Court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others or by saving their rights; but when a complete determination of the controversy can not be had without the presence of other parties, the court must cause them to be joined as proper parties. And when, in an action for the recovery of real or personal property, a person not a party to the action, but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be made a party by the proper amendment.””

   1 later decision quote this exact passage
   e.g. Llewellyn v. Beasley