Fisher v. Pendleton’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Wood on Limitations, third edition, section 97, the rule is stated in the following language: “ ‘In order to make a money payment a part payment within the statute, it must be shown to be a payment of a portion of an admitted debt, and paid to and accepted by the creditor as such, accompanied by circumstances amounting to an absolute and unqualified acknowledgment of more being due, from which a promise may be inferred to pay the remainder. In order to have that effect, • it must . . . appear . . . that the payment was made under such circumstances as warrant a jury in finding an implied promise to pay the balance; and if the payment was made under such circumstances as to rebut any such promise, it does not affect the operation of the statute.’ ” (My emphasis.)”

   1 later decision quote this exact passage · from the majority
   e.g. Fisher v. Pendleton

2. ““Under the circumstances in the instant case the striking of the ‘Fibst Amended Petition’ and dismissing the action at the costs of the appellant was a final order. It is clear under G. S. 1957 Supp., 60-3314a, that a valid appeal by a party, after a final judgment against him, does not prevent a review of some other ruling of which complaint is made, even though such ruling may have been entered more than two months before he perfected such appeal. (Arnall v. Union Central Life Ins. Co., 157 Kan. 535 , 142 P. 2d 838 ; and Drenning v. City of Topeka, 148 Kan. 366, 81 P. 2d 720 .)””

   1 later decision quote this exact passage · from the majority
   e.g. Willmeth v. Harris

3. ““. . . Such discretionary power is granted under the statute in the furtherance of justice relative to the substantive rights of the parties, and not to impede justice with respect to such rights. In other words, procedural matters are designed to aid parties litigant in a court of law to resolve conflicts on the basis of their substantive rights, and they are not designed for use by a trial court to the prejudice of such rights. . . .” (p. 333.)”

   1 later decision quote this exact passage · from the majority
   e.g. National Reserve Life Insurance v. Hand