Ellis v. Akers’s Empirical Analysis
1912
Citation profile
3
cited by 3 later decisions
1
states following
November 1915
most recently cited
3 state decisions
Relationships
Relies on The Marine Insurance Company of Alexandria v. Hodgson · Hendrickson v. Hinckley · Menten v. Shuttee · Tribal Development Co. v. White Bros. · Devault v. Merchants' Exch. Co.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A court of equity will not interfere with the enforcement of a judgment recovered at law, unless it is unjust and unconscionable; and therefore such relief will not be granted, unless the complainant shows that he has a good and meritorious defense to the original action. The only exception to this rule is in the case of a judgment which is absolutely void, not merely irregular or voidable, where, according to the doctrine generally accepted, it is not necessary to show a defense on the merits. However, even this is not universally admitted, but some courts require a meritorious defense to be shown, even where the judgment is void.””
1 later decision quote this exact passage““In the case at bar, plaintiff in error had a right to have the judgment of the justice of the peace reviewed by an appeal to the county court, and from thence to this court. For some reason unknown to us, he did not avail himself of this legal remedy. To grant him now the right of review, after he has ignored the remedy given him by statute, would not be warranted, and would be an invitation to litigants who, through carelessness or other insufficient reason, have ignored the provisions of the statute enacted for their benefit.””
1 later decision quote this exact passage““It is not enough that the judgment at law may be wrong, but some equitable circumstance must also be shown to exist to warrant the interference of equity. The failure to obtain a new trial, or to effect an appeal, from accident alone is not sufficient, unless an injustice or hardship is made to appear, or some othei ground of equitable interposition, so that it would be contrary to equity and good conscience to allow the judgment to be enforced.””
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.