Halcomb v. Cornett’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The words in the section that ‘an action thereon may be brought by his representative after the expiration of that time if commenced within one year after his qualification’ meant that if the personal representative does not bring hi4 suit within the time allowed by the statute —in this case fifteen years — he must bring it in one year after he qualifies. In other words, the creditor has always fifteen years in a ease like this to bring his suit, but if he dies within the fifteen years, his personal representative may bring the action within one year after he qualifies, although this may be beyond the fifteen years. He must, however, in every ease either sue within the fifteen years from the time the cause of action accrued or sue within one year after he qualifies. This being so, it follows that when he qualifies more than a year before the expiration of the fifteen years he has only the fifteen years to bring the suit. To illustrate, if in a case like this, the creditor dies fourteen years and nine months after the cause of action accrues, and the administrator then qualifies, he has one year from his qualification to file suit; but, if the creditor dies ten years after the cause of action accrued, and the administrator then or at any time longer than one year before the fifteen years expires qualifies, he must sue within fifteen years from the time the cause of .action accrued.””

   1 later decision quote this exact passage · from the majority
   e.g. Fix's v. Cook

2. ““If a person entitled to bring’ any action mentioned in the third article of this chapter, dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, the action thereon may be brought by his representative after the expiration of that time, if commenced within one year after his qualification. ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Fix's v. Cook