Beekman v. Hamlin’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But a presumption of payment from lapse of time may be raised by demurrer when shown by the facts stated in the complaint, as was done in Olden v. Hubbard, 34 N. J. Eq. 85. And to repel such presumption, any existing circumstances which would have that effect should be alleged. In Solomon v. Solomon, 81 Ala. 507 , it was held that the presumption of payment arising from the lapse of time may be taken by demurrer when shown by the facts stated, but that it is a matter of defense and must be claimed, the court saying: ‘While the defense of staleness may be made by demurrer when the facts out of which it springs appear on the face of the bill (Story’s Eq. PL §§ 404, 503, 751), still it is defensive and must be claimed. ’ (Maury v. Mason, 8 Port. 211 ; Solomon v. Solomon, 83 Ala. 395 ). Taking the objections by demurrer is in analogy to the rule applied to the statute of limitations, as indicated in Olden v. Hubbard, supra, so that to avoid the presumption and render the complaint invulnerable to a demurrer, the plaintiff is required to allege in his complaint the facts and circumstances on which he relies to rebut such presumption. ’ ’”

   1 later decision quote this exact passage
   e.g. City of Pendleton v. Holman

2. “is founded on the “rational ground that a person naturally desires to possess and enjoy his own, and that an unexplained neglect to enforce an alleged right for a long period casts suspicion upon the existence of the right itself.””

   1 later decision quote this exact passage
   e.g. Handy v. US Bank National Association