Maiben v. Manlove’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. ““After making an agreement and accepting benefits derived therefrom appellant is in no position to disregard it or to split it up and accept the part that is beneficial and reject that which does not now serve his purpose of securing a new trial as a matter of right. “Where a judgment is entered by consent, or by compromise and agreement of the parties, and the court has jurisdiction of the subject matter, the parties are estopped from denying the validity of the judgment, and from prosecuting an appeal on account of any errors in the proceedings or judgment. (Citing cases.) “It is an established principle of our law, that a party cannot prosecute an appeal, and thereby seek to reverse a judgment, the benefits of which he has voluntarily and knowingly accepted. Such acceptance of benefits waives any errors otherwise available, and estops him from procuring a reversal of the judgment. (Citing cases.) “In this case, on the showing made, we conclude that the judgment ’was entered by the agreement of the parties, duly authorized, and that such agreement is shown by the record as well as by the motion to dismiss, and that appellant has accepted the benefits of the judgment, by remaining in possession of the premises in pursuance of the agreement of the parties and the judgment of the court. The motion of appellees is therefore sustained and the appeal dismissed.””

   1 later decision quote this exact passage
   e.g. 114 Ind. App. 551 - Moore v. American Nat. Bank at Indianapolis