77 Ind. App. 488 - Hitt v. Carr’s Empirical Analysis
1921
Citation profile
30 state decisions
How this case has been cited
Cited by 33 later decisions — most recently December 2006 · most notably Indianapolis Life Insurance v. Lundquist (1944), 123 Ind. App. 28 - GILKISON v. Darlington (1952)
30 state decisions
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 Domestic Block Coal Co. v. DeArmey · The Marine Insurance Company of Alexandria v. Hodgson · Louisville, New Albany & Chicago Railway Co. v. Thompson · Mandeville v. . Reynolds · Ditton v. Hart
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is well settled that courts of general jurisdiction possess inherent powers not created or conferred by legislative enactment. [Citing cases.] The Supreme Court of this state has recognized the existence of such powers, and has held that whenever, by fraud, accident, mistake or otherwise, an unfair advantage has been obtained in a proceeding at law, and it is against conscience to make use of such advantage, a court of equity will restrain the party from making use of the same; and after judgment, any facts which prove it to be against conscience to execute such judgment, and of which the injured party could not avail himself in defense of the suit, will authorize the court to interfere by injunction, and restrain the party from enforcing the judgment. Walker v. Heller (1882), 90 Ind. 198 ; Ratliff v. Stretch (1892), 130 Ind. 282 , 30 N. E. 30 ; Ross v. Banta (1895), 140 Ind. 120 , 34 N. E. 865 , 39 N. E. 732 . ...””
2 later decisions quote this exact passage“[PJresumptions ... abide until facts proved to the contrary make them take flight,”
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.