29 Md. App. 551 - Murray v. Steinmann’s Empirical Analysis
1975
Citation profile
8
cited by 8 later decisions
1
states following
May 1990
most recently cited
3 federal appellate · 5 state decisions
Relationships
Relies on Keiner v. Commerce Trust Co. · Stankovich v. Lehman · Remsburg v. Baker · Carozza v. Peacock Land Corp. · Brodsky v. Hull
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Appellant’s primary legal (as opposed to factual) contention is that the trial judge erroneously required him to prove fraudulent misrepresentations in order to prevail in vacating the confessed judgment. He argues that his burden was merely to show that he had a meritorious defense. Md.Rule 645 c; Williams v. Johnson, 261 Md. 463 [ 276 A.2d 95 (1971)].... Indeed the rule he cites to support his meritorious defense argument, Md.Rule 645 c, states that the motion “ ... shall set forth fully the facts relied on for such defense.” (Emphasis added). Appellant’s bald allegations of fraud and false representation clearly failed to comply as a matter of pleading.”
1 later decision quote this exact passage · from the majority“[T]he burden of proof to vacate a confessed judgment is not fulfilled by the mere assertion of a defense. There must be sufficient evidence to persuade the fair and reasoned judgment of an ordinary man ... that there are substantial and sufficient grounds for an actual controversy as to the merits of the case.”
1 later decision quote this exact passage · from the majority“[I] f the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits, the court shall order the judgment by confession opened____”
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.