King v. McElroy’s Empirical Analysis

Citation profile

2 federal appellate · 30 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We hold that the motion directed against the judgment entered September 25, 1931, which motion was filed September 10, 1931, even if becoming effective only upon the date of subsequent entry of the judgment, was on October 26, 1931, through failure of the court to rule thereon prior thereto, in legal effect denied, and the motion should thereafter have been treated as denied by the court, and all parties to the suit. We further hold that section 105-801, Comp.St. 1929, and the proceedings thereunder respecting motions directed against the judgment and which result in a denial of the motion do not have the effect of suspending the operation of the judgment after the date of its entry, so far as the running of the six months from entry of final judgment limited for appeal or writ of error is concerned. In such case, the assault upon the judgment, final when entered being unsuccessful, the character of the judgment remains unaffected."”

   1 later decision quote this exact passage
   e.g. Scofield v. JW Jones Construction Company

2. ““Following the definitions given for the present tense and, of course, depending upon the connection or circumstances of its use, ‘deemed’ has been variously defined as meaning accounted, adjudged, conclusively considered, considered, declared, decreed, determined, judged, or presumed; accepted as an established fact; construed or interpreted, held, regarded or treated as; taken and considered. ‘Deemed’ is further defined as meaning conclusively presumed, as distinguished from presumed prima facie; although it has also been held that sometimes the word may connote a prima facie presumption as distinguished from a conclusive presumption. “ ‘Deemed’ has been held to be equivalent to, or, synonymous with, ‘adjudged,’ ‘considered,’ and ‘decreed,’ and also with ‘determined,’ ‘presumed,’ and ‘regarded.’ ” '”

   1 later decision quote this exact passage
   e.g. Swanson v. Employment Security Agency

3. ““ * * * Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty [30] days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any motion which may have been filed within such period, directed against such judgment; Provided, that if the court shall fail to rule upon such motion within thirty [3d] days after the filing thereof, such failure to rule shall he deemed a denial thereof; * * (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. New Mexico Savings & Loan Ass'n v. Blueher Lumber Co.