Scott v. Hickman’s Empirical Analysis

Citation profile

63 federal appellate · 4 district · 30 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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The settled doctrine in Kansas, and the weight of authority elsewhere, is that statutes of limitation are statutes of repose, and not merely statutes of presumption of payment. Therefore, to deprive a debtor of the benefit of such a statute by an acknowledgment of indebtedness, there must be an acknowledgment to the creditor as to the particular claim, and it must be shown to have been intentional. Roscoe v. Hale, before cited (7 Gray [Mass.] 274). ‘An acknowledgment of an existing liability, debt, or claim,’ within the meaning of the Kansas statute, implies a meeting of minds, the right of the creditor to take what is written as an acknowledgment to him of the existence of the debt, as well as the intention of the debtor, as deduced from the contents of the writing and all the facts accompanying it, to make such acknowledgment.””

   5 later decisions quote this exact passage
   e.g. In re Girvin · Salt Lake Transfer Co. v. Shurtliff

2. ““In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.””

   4 later decisions quote this exact passage
   e.g. O'Donnell v. Parker · American Surety Co. of New York v. Steele

3. ““In Barlow v. Barner, 1 Dill. 418 , this Statute of Kansas was under consideration by Mr. Justice Miller and Judge Dillon, and the court said: ‘Courts, by their decisions as to the effect of loose and unsatisfactory oral admissions and new promises, had almost frittered away the Statute of Limitations and, to remedy this, statutes similar to the one in force in this State have been quite generally enacted. The Statute of Kansas requires the acknowledgment to be in writing and signed by the party, and the acknowledgment must be of an existing liability with respect to the contract upon which a recovery is sought.’ ””

   1 later decision quote this exact passage
   e.g. Tankersley v. Cooke