Falkner v. Thompson’s Empirical Analysis

Citation profile

1 federal appellate · 3 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. “After making his offer, the defendant has done all he can do to pay a just indebtedness. If it is refused by the plaintiff, as was the case now under review, defendant then had to defend this suit or plaintiff would have taken a judgment by default for both the entire claimed amount and attorney’s fees. Plaintiff’s refusal to accept the offer caused necessary expenses to be wasted by the defendant and caused the parties’ attorneys, and the Court to waste a considerable amount of time, money and effort. sfc sfs * sfe * ⅜ The common law axiom that “a court of equity should do that which should be done” incorporates both common sense and compassion. In the case now under review, to force upon the defendant the burden of his own attorney’s fees is to punish him for honestly and justly agreeing to pay his debts to the plaintiff and the plaintiff’s attorney. We therefore hold that the court did not commit error in awarding attorney fees to the defendant’s attorney. * * * * * * From a review of the record we hold that the trial court was correct in awarding defendant his attorney’s fee under 12 O.S.1971 § 1101....”

   1 later decision quote this exact passage
   e.g. Sisk v. Sanditen Investments, Ltd.