Warrington v. Ball’s Empirical Analysis

Citation profile

4 federal appellate · 1 district ·

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

1. ““Several defenses are set up, one of wbicb is that tbe judgment sued upon is fraudulent; tbe allegation being, substantially, that it was obtained by collusion between tbe plaintiff and tbe representatives of the bank; that tbe bank was not indebted to tbe plaintiff, tbe certificate of deposit on wbicb he sued having been issued for money furnished to tbe cashier personally; and that tbe object of collusion was to avoid a defense, enable the plaintiff to obtain judgment by default and pursue tbe defendant and other stockholders. The circuit court entered judgment for tbe plaintiff —holding the affidavit of defense to be insufficient. * * * If the averment of fraud was confined to tbe certificate of deposit, as tbe learned judge of tbe circuit court seems to have believed, a different question would be presented. * * * Tbe fraud averred, however, as we have-seen, involves the judgment itself. * * * To bind one by a judgment to which he is not a party, as provided for by the statute, is barely tolerable. To bind him by such a judgment obtained by fraudulent collusion (as here averred) would be intolerable.””

   1 later decision quote this exact passage · from the majority
   e.g. American Nat. Bank v. Supplee