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← 616 SW2D 649 - Rylee v. McMorrough

Rylee v. McMorrough’s Empirical Analysis

1981

Citation profile

13
cited by 13 later decisions
1
states following
June 2006
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently June 2006

13 state decisions

70198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Gibbs v. General Motors Corporation · Alexander v. Hagedorn · Crouch v. Panama Refining Co. · Bankston v. Bankston · State v. Wright

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

  1. “In order to vacate the judgment appellant must show extrinsic fraud, which is fraud in the means whereby the judgment was procured, and not fraud in the cause of action or matter put in issue and presented for adjudication. By that is meant fraud by the other party which has prevented the losing party either from knowing about his rights or defenses, or having a fair opportunity of presenting them upon trial.... The fraud must be collateral to the matter tried, and not something which was actually or potentially in issue in the trial. Where the presentation of such defense was prevented by fraud, accident, or act of the opposing party, it must be shown that there was no fault or negligence by the party against whom the judgment was rendered. Crouch v. McGaw, 134 Tex. 633 , 138 S.W.2d 94 (1940), and that diligence was used to prevent injustice of the former judgment.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.