Tedford v. Divine’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the present case, the trial court was apprised of appellee’s counsel’s illness when it made its decision to set aside the default judgment. Because the illness was an event which human prudence, foresight and sagacity could not prevent, the trial court’s decision was valid. Also, the trial court knew at the time of its decision that the office procedure of appellee’s counsel did not notify counsel that the due date was past.... In the present case, the trial court did not abuse its discretion by vacating the default judgment based on the particular facts. Because the trial court knew of the counsel’s illness and office procedure breakdown, this was sufficient evidence to constitute an “unavoidable casualty” under § 1031.”

   1 later decision quote this exact passage · from the majority
   e.g. 2005 OK CIV APP 93 - Coulsen v. Owens

2. ““The proceedings to vacate or modify the judgment or order, on the grounds mentioned in subdivisions four, five, six, seven, eight and nine of the second preceding section [1031], shall be by petition, verified by affidavit, setting forth the judgment or order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On such petition, a summons shall issue and be served as in the commencement of an action.” [Emphasis supplied]”

   1 later decision quote this exact passage · from the majority
   e.g. Johnson v. Goodman