185 W. Va. 357 - Evans v. Gogo’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Any court in which is pending an action wherein for more than one year there has been no order or proceeding ... may, in its discretion, order such action to be struck from its docket; and it shall thereby be discontinued. The court may direct that such order be published in such newspaper as the court may name. The court may, on motion, reinstate on its trial docket any action dismissed under this rule ... within three terms after entry of the order of dismissal!.]””

   1 later decision quote this exact passage · from the dissent
   e.g. 198 W. Va. 40 - Dimon v. Mansy

2. ““Under W.Va.R.Civ.P. 41(b), in order to reinstate a cause of action which has been dismissed for failure to prosecute, the plaintiff must move for reinstatement within three terms of entry of the dismissal order and make a showing of good cause which adequately excuses his neglect in prosecution of the case.””

   1 later decision quote this exact passage · from the majority
   e.g. 191 W. Va. 228 - Vozniak v. Winans

3. “In order to determine if the court abused its discretion in failing to reinstate the present case, we must examine the reasons given for the delay, and the possible prejudicial effect of the delay on the defendants.”

   1 later decision quote this exact passage · from the majority
   e.g. 213 W. Va. 309 - Covington v. Smith