Smith v. Newby’s Empirical Analysis

Citation profile

15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But the twenty-fourth section of the same act provides that, if any person, by absconding or concealing himself, or by any other improper act, prevent tiie commencement of an action, such action may be commenced within ihe time limited, after the commencement of such action shall have ceased to be so limited. This provision lias been several times before this court for adjudication, and ihe construction universally placed upon it is that the statute does not protect plaintiffs who are ignorant of the facts necessary to enable them to bring suits, unless that ignorance is occasioned or brought, about by some improper conduct of the defendant.””

   1 later decision quote this exact passage
   e.g. School Dist. of City of Sedalia v. De Weese

2. ““Our statute does not protect plaintiffs who are ignorant oí the facts necessary to enable them to bring suit, unless that ignorance is occasioned by some improper conduct on the part of the defendant. If the defendant absconds or conceals himself, or does any other Inrpropor act, to prevent the commencement of an action, he is not within the protection of the statute. If he has not done these tilings, or any of them, he is protected, although, as in the present case, he may have been guilty of ño laches. Between two parries equally innocent, one of whom must sustain a loss, It Is not the policy of the law to interpose.””

   1 later decision quote this exact passage
   e.g. School Dist. of City of Sedalia v. De Weese