Cadena v. Dicker’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . Each case . . . depends to a large measure upon its peculiar facts, . . . . The precedents establish, however that the teñdency should be, when the requirements hereafter stated are met, (meritorious defense and the motion filed at a time when the granting thereof will occasion no delay or otherwise work an injury to the plaintiff) to grant the new trial liberally upon a showing that defendant has not intentionally or with conscious indifference ignored his obligation to answer or to appear at the trial.””

   1 later decision quote this exact passage
   e.g. Kirk v. Farmers Aerial Spraying Service, Inc.

2. ““A default judgment should be set aside and a new trial ordered in any case in which the failure of the defendant to answer before judgment was not intentional, or the result of conscious indifference on his part, but was due to a mistake or accident; provided the motion for a new trial sets up a meritorious defense and is filed at a time when the granting thereof will occasion no delay or otherwise work an injury to the plaintiff.””

   1 later decision quote this exact passage
   e.g. Beard v. McKinney