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← 9 DELCH 430 - In re McFarlin

In re McFarlin’s Empirical Analysis

1910

Citation profile

11
cited by 11 later decisions
8
states following
July 1954
most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently July 1954

11 state decisions

5019101920193019401950decided

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 Pratt v. Douglas · Blakeman v. Blakeman · Evans's Appeal from Probate · Marshall v. Rench · 29 N.J. Eq. 54 - Macknet v. Macknet

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

  1. ““It is a general rule that a mistake of law pure and simple is not adequate ground for relief. But there are well-defined exceptions to this rule. Without undertaking to discuss the many phases of the question, it seems that a mistake by a party as to' his antecedent existing legal right, as distinguished from a mistake as to the legal import of the act done,, is one which should be and is recognized as a ground for equitable relief from the consequences of such mistake, where the mistake can be rectified without injury to the rights of others.””
    2 later decisions quote this exact passage · from the majority
  2. ““Where an election is made under a misapprehension of the law as to her right of dower, even although the mistake resulted from the erroneous advice of her counsel, a widow so electing to take the provision made by law in lieu of that made for her under her deceased husband’s will may be allowed to retract her election, where no rights of third persons who would be injured by a revocation have intervened.””
    1 later decision quote this exact passage · from the majority

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.