Wagner v. Beadle’s Empirical Analysis

Citation profile

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

1. ““. . . But we need not now determine whether one who has had no actual notice of the pendency of an action against him may attack the judgment for fraud in a matter directly involved therein. Assuming such to be the case, the appellant can derive no benefit from the principle, for he has failed to bring himself within its operation. The fraud for which a judgment may be set aside by action must be of the same kind referred to in the statute (Code 1909, §596, subdiv. 4) permitting such relief on motion, of which it was said in Laithe v. McDonald, 7 Kan. 254: “ ‘The word “fraud” in this statute is used in its common, direct sense. It means “fraud in fact,” not “fraud in law.” It embraces only intentional wrong —those acts done by the successful party with a knowledge of their criminality, and with the purpose of thereby depriving his adversary of some right.’ (Page 264.)””

   1 later decision quote this exact passage · from the majority
   e.g. Estate of Latshaw v. Latshaw