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← 716 So. 2d 1256 - Cauthen v. Yates

716 So. 2d 1256 - Cauthen v. Yates’s Empirical Analysis

1998

Citation profile

6
cited by 6 later decisions
1
states following
January 2016
most recently cited

6 state decisions

Relationships

Relies on Andrews v. Merritt Oil Co., Inc. · Ex Parte Riley · Carter v. Mitchell · 681 So. 2d 154 - Ex Parte Pielach · Norman v. Bozeman

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

  1. ““The [trial] court’s authority to set aside a judgment obtained through fraud and to provide the appropriate equitable remedy is settled. Maddox v. Hunt, 281 Ala. 335 , 202 So.2d 543 (1967); Battle v. Morris, 265 Ala. 581 , 93 So.2d 428 (1957). Moreover, the court has the authority to require restitution of moneys paid under a judgment that is later reversed. Ex parte Robertson, 235 Ala. 184 , 177 So. 902 (1937); Carter v. Mitchell, 225 Ala. 287 , 142 So. 514 (1932).””
    1 later decision quote this exact passage
  2. “"[T]he effect of a trial de novo on appeal is to entirely displace the action of the court appealed from. "`Trial de novo means a new trial in circuit court in which the whole case is retried as if no trial whatever had been had in the juvenile court. Alabama Equity Corp. [v. Hall, 46 Ala.App. 143 , 239 So.2d 215 (Ala.Civ.App.1970)]; Black's Law Dictionary 1349 (5th ed.1979).' " Ex parte State ex rel. Hillman, 629 So.2d 656, 657 (Ala.Civ.App.1993)."”
    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.