Rex v. Warner’s Empirical Analysis

Citation profile

2 federal appellate · 14 district · 72 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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is a legal maxim well understood that nothing can interrupt the running of the statute of limitations, and it is commonly stated without any qualification. Courts, however, have ingrafted upon such statutes an exception based upon estoppel. Generally speaking, actual fraud in the technical sense, bad faith, or an attempt to mislead or deceive is not essential to create such an estoppel; to invoke the doctrine, the debtor or defendant must have done something that amounted to an affirmative inducement to plaintiff to delay bringing the action. [Citations omitted.] "... It was within plaintiff's domain to ascertain why the defendants refused to perform and where the means of knowledge with respect to his rights or liabilities are available to him, he may not ignore the requirement of due care and at the same time invoke the doctrine of equitable estoppel. That doctrine is not available for the protection of one who has suffered loss solely by reason of his own acts or omissions. Equity aids the vigilant and not those who slumber on their rights. (30 C.J.S., Equity, § 100, p. 499.)"”

   8 later decisions quote this exact passage · from the majority
   e.g. 23 Kan. App. 2d 812 - Robinson v. Shah · Safeway Stores, Inc. v. Wilson

2. “... It was within plaintiff's domain to ascertain why the defendants refused to perform and where the means of knowledge with respect to his rights or liabilities are available to him, he may not ignore the requirement of due care and at the same time invoke the doctrine of equitable estoppel. That doctrine is not available for the protection of one who has suffered loss solely by reason of his own acts or omissions. Equity aids the vigilant and not those who slumber on their rights. (30 C.J.S., Equity, § 100, p. 499.)”

   5 later decisions quote this exact passage · from the majority
   e.g. 23 Kan. App. 2d 812 - Robinson v. Shah · Mid-America Pipeline Co. v. Wietharn

3. ““[A]n action upon a contract not in writing must be commenced within three years after the cause of action shall have accrued. Generally speaking, a cause or right of action accrues, so as to start the running of the statute of limitations, as soon as the right to institute and maintain a suit arises, or when there is a demand capable of present enforcement. [Citation omitted.] Stated differently, an obligation must exist upon one party in favor of the other, the performance of which is refused.” 183 Kan. at 769 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Leek v. Alliance Fund, Inc. · McCoy v. Wesley Hospital & Nurse Training School