Muhlhauser v. Becker’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * The court is authorized to extend the time within which a statement of case may be settled, RC 1943, Sec. 28-1806. Applications for extension of time for settlement of a statement of case are not jurisdictional and orders extending time of settlement may be made ex parte. Johnson v. Northern Pac. R. Co., 1 N.D. 354 , 48 N.W. 227 ; Bucholz et al. v. Harthun, 61 N.D. 547 , 239 N.W. 161 . And where a statement of case is settled after the time limited without an extension of time having been granted the order of settlement itself operates to extend the time for settlement. Johnson v. Northern Pac. R. Co., supra. * * * “ * * * Statutes permitting extensions of time for settlement of statement of case or for settlement after the time has expired or for amendment of the statement of case where there are material omissions are remedial in their nature and should be liberally construed to the end that an appeal may be determined on its merits. Smith v. Hoff, 20 N.D. 419 , 127 N.W. 1047 .” Muhlhauser v. Becker, 76 N.D. 402 , 37 N.W.2d 352 , at 359 and 360.”

   1 later decision quote this exact passage
   e.g. Schriock v. Schriock

2. ““The law favors compromises and does not scrutinize too closely the nature of the rights of the parties concerned. “It is not a question of what the court may think as to the advisability of the terms of the compromise. A controversy founded on good faith will support a compromise. Whether the compromise agreement settles the issues as the court might have settled them is unimportant. Even while controversies are in litigation there is nothing to prevent parties from making a compromise settlement. The law discourages litigation and encourages settlement.””

   1 later decision quote this exact passage
   e.g. Brakke v. Bell State Bank & Trust

3. ““An application for settlement of a statement of the case after the time limited therefor by the statute has expired is addressed to the sound judicial discretion of the trial court, and its ruling will not be disturbed unless the record presented on appeal shows that the trial court abused its discretion. * * * ””

   1 later decision quote this exact passage
   e.g. Schriock v. Schriock