Kimberly v. Arms’s Empirical Analysis

Citation profile

9 federal appellate · 3 district ·

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

1. ““But the appeal to tills court was perfected by the giving of a bond for costs in January, 1874, and although this court in December, 18(35 [1875], dismissed the appeal for the failure of the appellants to file and docket the cause in this court, yet the cause was out of the court below and in this court until within two years before the bill in this suit was filed. The pendency of the appeal by Bridget Powers would have been a valid objection to the filing of a bill of review by her for the errors in law now alleged, and inasmuch as the appeal was not heard on its merits, but the prosecution of it was abandoned, we are of opinion that the bill of review was filed in.time. While the appeal was pending here, although there was no supersedeas, the circuit court had no jurisdiction to vacate the decree in pursuance of the prayer of a bill of review, because such an action was beyond its control. The time during which the control was suspended to await the orderly conduct of business in this court in regard to hearing the appeal is not to be reckoned against Bridget Powers in this case, although she joined in the appeal. She was exercising a right in doing so, and as the city of Memphis was the principal plaintiff and appellant, and was endeavoring to protect its title in fee, and thus her right as a lessee, it may very well have been, as is alleged in the bill, that the appeal fell because the city refused .to pay the necessary money for filing the transcript of the record. Bein”

   2 later decisions quote this exact passage
   e.g. Blythe Co. v. Hinckley · First Nat. Bank v. State Nat. Bank

2. ““In the next place, there is another important qualification, which is indeed dedncible from the very language of Lord Bacon’s ordinance; and that is, that the granting of such a bill of review for a new-discovered evidence, is not a matter of right, but rests in the sound discretion of the court. It may, therefore, be refused, although the facts, if admitted, would change the decree, where the court, looking to all the circumstances, shall deem it productive of mischief to innocent parties, or for any other cause unadvisable.””

   1 later decision quote this exact passage
   e.g. Swift v. Parmenter