Beach v. Schroeder’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant further insists that the verdict of the jury-should have been set aside and a new trial granted, on the ground of ‘newly discovered’ evidence. * * * We do not find it necessary to examine the question of the materiality of such ‘newly discovered’ evidence. If it were conceded that such evidence would be material, we do not perceive that the court abused its discretion in refusing the new trial. A motion for a new trial on the ground here under consideration should show that the evidence could not, with reasonable diligence, have been discovered in time for the trial. It should also show the diligence the moving party exercised in preparing for the trial, how the new evidence was discovered, why it was not discovered before the trial, and such facts as make it clear that the failure to produce the evidence was not through the fault or want of diligence of the party seeking the new trial. The Lee-Kinsey Implement Co. v. Jenks, 13 Colo. Appeals, 265, 268.” [ 57 Pac. 191 .]”

   1 later decision quote this exact passage · from the majority
   e.g. Barron v. People