Margaret O'BOyle v. John R. Bevil, Jr.’s Empirical Analysis
259 F.2d 506 · 1958
Citation profile
16 federal appellate · 5 state decisions
How this case has been cited
Cited by 29 later decisions — most recently February 1999 · most notably Fehlhaber v. Fehlhaber (1982), Grey v. First National Bank in Dallas (1968)
16 federal appellate · 5 state decisions
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 Mullane v. Central Hanover Bank & Trust Co. · Hansberry v. Lee · Smith v. O'Grady · Hovey v. Elliott · United Shoe Machinery Corporation v. United States
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Questions as to the setting aside of judgments are difficult at best. This difficulty is increased when attack is made in a federal court on a state court judgment. There is one principle, however, that stands out clearly in this area of controversy. That is that in diversity cases, a federal court may set aside a state court judgment for equitable grounds that are recognized by the state as a basis for such action. When, as is true in Texas, a judgment can be set aside for want of jurisdiction or for fraud, the federal court, exercising its equity jurisdiction, can act similarly in a diversity case.” 259 F.2d 506, at pp. 511-512 .”
1 later decision quote this exact passage · from the majority““Rule 109: ‘Where a party to a suit, his agent or attorney, shall make oath when the suit is instituted or at any time during its progress, that any party defendant therein is a non-resident of the State, or that he is absent from the State, or that he is a transient person, or that his residence is unknown to affiant, the clerk shall issue a citation for such defendant for service by publication.’ ” 259 F.2d at 510, note 3 .”
1 later decision quote this exact passage · from the dissent““When, as is true in Texas, a judgment can be set aside for want of jurisdiction or for fraud, the federal court, exercising its equity jurisdiction, can act similarly in a diversity case.””
1 later decision quote this exact passage · from the majority
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.