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← 123 Colo. 377 - Johnson v. Neel

Johnson v. Neel’s Empirical Analysis

1951

Citation profile

69
cited by 69 later decisions
6
states following
June 2018
most recently cited

2 district · 65 state decisions

How this case has been cited

Cited by 69 later decisions — most recently June 2018 · most notably Department of Health v. Donahue (1984), Twin Falls Clinic & Hospital Building Corp. v. Hamill (1982)

2 district · 65 state decisions

1601951196019701980199020002010decided

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 Hayward v. National Bank · Parker v. Plympton · Munsell v. People · Kalloch v. Elward · Tiger Placers Co. v. Fisher

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

  1. “"We are of the opinion that under the peculiar facts of this case the doctrine of estoppel in pais is applicable and controlling. This doctrine is founded upon principles of fair dealing and is designed to aid the law in the administration of justice where without its aid injustice might result. In 19 American Jurisprudence page 640, we find the following statement: `Generally speaking, however, equitable estoppel is a rule of justice which in its proper field prevails over all other rules.' The doctrine of equitable estoppel has been invoked to cut off rights or privileges conferred by statute, and constitutional rights may be effectively waived by conduct consisting of action or failure to act. Munsell v. People, 122 Colo. 420 , 222 P.2d 615 ; Kalloch v. Elward, 118 Me. 346 , 108 A. 256 , [258], 8 A.L.R. 750 ; Wilson v. Philadelphia School District, 328 Pa. 225 , 195 A. 90 , 113 A.L.R. 1401 . `A statute cannot stand in the way of waiver or equitable estoppel when the facts demand their application in the interest of justice and right.' Kalloch v. Elward, supra."”
    4 later decisions quote this exact passage · from the majority
  2. “[I]n Tiger Placers , [we] recognized the rule that the original complaint filed in an action fixes 'the nature of the suit.' "). After Johnson , this "original complaint”
    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.