198 W. Va. 205 - Davis v. Kidd’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In particular, the complaint filed by the appellants indicated that the appellee was a nonresident living in Woodsfield, Ohio, and, as the circuit court found, there was no allegation that the appellee attempted to avoid service of process. In addition, a letter dated April 23,1993, from the appellants’ original counsel to State Farm during settlement negotiations acknowledged that the appellee had not been served with process. The delay following that letter continued well into 1994. The service of process upon the appellee on April 28, 1994, took place some 490 days after the filing of the complaint.”

   1 later decision quote this exact passage · from the majority
   e.g. 205 W. Va. 537 - Estate of Hough Ex Rel. LeMaster v. Estate of Hough Ex Rel. Berkeley County Sheriff

2. ““Dismissal under Rule 4(0 of the West Virginia Rules of Civil Procedure is mandatory in a ease in which good cause for the lack of service is not shown, and a plaintiff whose case is subject to dismissal for noncompliance with Rule 4(0 has two options to avoid the consequences of the dismissal: (1) To timely show good cause for not having effected service of the summons and complaint, or (2) to refile the action before any time defenses arise and timely effect service under the new complaint.” Syl. Pt. 3, State ex rel. Charleston Area Medical Center v. Kaufman, 197 W.Va. 282 , 475 S.E.2d 374 (1996).”

   1 later decision quote this exact passage · from the majority
   e.g. 200 W. Va. 342 - Childress v. Thompson

3. “Every nonresident, for the privilege of operating a motor vehicle on a public street, road or highway of this state, either personally or through an agent, appoints the secretary of state, or his or her successor in office, to be his or her agent or attorney-in-fact upon whom may be served all lawful process in any action or proceeding against him or her in any court of record in this state arising out of any accident or collision occurring in the State of West Virginia in which such nonresident may be involved!)]”

   1 later decision quote this exact passage · from the majority
   e.g. 200 W. Va. 342 - Childress v. Thompson