Hayden v. . Pierce’s Empirical Analysis

Citation profile

8 federal appellate · 2 district · 49 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The learned counsel for the defendant suggests that to hold that the defendant’s absence from the state operated to enlarge the time for bringing the action would enable the executor or administrator of a deceased person, residing in another state, to delay the settlement of the estate indefinitely. * * * It may be quite true, as urged, that the plaintiff could have commenced its action within six months, so as to have avoided any question as to the bar of the statute, but that consideration is not now pertinent to the inquiry. The question is not what the plaintiff might or could have done, but what she was obliged to do in order to save her rights. The absence of the defendant (a testatrix of the estate of the deceased person) from the state operated to enlarge the time for the commencement of the action, under the general provisions' of chapter 4, which apply to this case, and hence the claim was not barred.””

   1 later decision quote this exact passage
   e.g. Schwartz v. Loftus

2. ““Do those words rotor to all the provisions of the chapter, or do they refer only to those periods of time within which the various classes of actions specified therein are to be commenced V AVe think they refer to the latter, and not to the former; end, if this be so, it follows that there are certain provisions found in the chapter which apply, not only to the general limitations therein proscribed, but to all other limitations tc he found in other statutes, and, consequently, to those ‘specially prescribed by law.’ ””

   1 later decision quote this exact passage
   e.g. Kansas City Hydraulic Press Brick Co. v. National Surety Co.

3. ““It is difficult to conceive bow any special limitation applicable to any class of actions can be administered without producing great injustice, unless the courts are at liberty to apply to such cases, when necessary, at least some of ihe general provisions mentioned, and which aro necessary to a .just application of all such statutes.” Hayden v. Pierce, 144 N. Y. 512 , 518, 39 N. E. 638 , 640.”

   1 later decision quote this exact passage
   e.g. Kansas City Hydraulic Press Brick Co. v. National Surety Co.