171 W. Va. 665 - Taylor v. Smith’s Empirical Analysis
1983
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently July 2001
11 state decisions
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 162 W. Va. 893 - Arlan's Dept. Store of Huntington, Inc. v. Conaty · Nibert v. Carroll Trucking Co. · Nibert v. Carroll Trucking Co. · Millar v. Whittington
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It has been suggested that ‘[a]fter the bench and bar have had experience with the operation of the new Rules, it may be desirable to eliminate entirely the second paragraph of Rule 41(b), which paragraph is not in the Federal Rule. All such involuntary dismissals could be made under the first sentence in Rule 41(b), on motion or on the court’s own initiative.’ M. Lugar & L. Silverstein, West Virginia Rules 331 (1960). Our statutory rules now embraced in Rule 41(b) were borrowed from Virginia. Virginia modified its statute in 1932 to provide that the clerk of the court shall notify the parties in interest if known, or their counsel of record, if living, at his last known address, at least fifteen days before the entry of the order of dismissal, so that all parties may have an opportunity to be heard on the matter. See Va.Code, § 8.01-335 (1977) and Va.Code § 6172 (1950). We are inclined to think our rule should be modified to provide for some form of notice of dismissal.””
1 later decision quote this exact passage · from the majority“Any court in which is pending an action wherein for more than two years there has been no order or proceeding but to continue it, ... may, in its discretion, order such action to he struck from its docket; and it shall thereby be discontinued.” In Taylor v. Smith, 171 W.Va. 665, 667 , 301 S.E.2d 621, 624 (1983), we noted that”
1 later decision quote this exact passage · from the majority“broadly construed to include any step or measure taken in either the prosecution or the defense of the action, except a continuance.”
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.