McKee v. McKee’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 47 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While lapse of time alone will not ordinarily support a defense of laches, it has been held sufficient to make the doctrine applicable in cases where it would be clearly inequitable to permit the enforcement of bare legal rights ( 19 Am. Jur. 352 , § 508), or where the delay in asserting rights has been wholly unreasonable (21 C. J. 220, § 218). However, we have here much more than mere lapse of time. We have acquiescence on the part of appellee — an important factor in determining whether there has been such laches as will bar recovery. (21 C. J. 224, 225, § 219; 10 R. C. L. 397, 398, § 144, note 17.)””

   2 later decisions quote this exact passage · from the majority
   e.g. DEGENHARDT, ADMINISTRATOR v. Degenhardt · 22 Kan. App. 2d 753 - In Re the Marriage of Jones

2. ““The decree in a divorce proceeding ordered payment by the husband of $60 a month for the support and maintenance during minority of a child then one or two years of age. Soon after the payments were reduced by the husband to $50 a month and were accepted in that amount by the former wife every month for more than nineteen years and until after the child had become of age and no longer required or asked support from either parent. In an action in which the former wife sought to recover the alleged deficiency of $10 a month over the whole period, it is held: (1) The trial court correctly ruled that all alleged deficiencies in the monthly installments due and unpaid for more than five years were barred by the statute of limitations, G. S. 1935, 60-306, If 6. (2) By acquiescence in the reduction to $50 and by her acts and conduct viewed in the light of all the facts and circumstances set out in the opinion, the appellee was barred, by her laches, from recovering any of the alleged deficiencies in the monthly payments.””

   1 later decision quote this exact passage · from the majority
   e.g. Peters v. Weber

3. “"The decree in a divorce proceeding ordered payment by the husband of $60 a month for the support and maintenance during minority of a child then one or two years of age. Soon after the payments were reduced by the husband to $50 a month and were accepted in that amount by the former wife every month for more than nineteen years and until after the child had become of age and no longer required or asked support from either parent. In an action in which the former wife sought to recover the alleged deficiency of $10 a month over the whole period, it is held: (1) The trial court correctly ruled that all alleged deficiencies in the monthly installments due and unpaid for more than five years were barred by the statute of limitations, G.S. 1935, 60-306, ¶ 6. (2) By acquiescence in the reduction to $50 and by her acts and conduct viewed in the light of all the facts and circumstances set out in the opinion, the appellee was barred, by her laches, from recovering any of the alleged deficiencies in the monthly payments."”

   1 later decision quote this exact passage · from the majority
   e.g. Peters v. Weber