Walker Ex Rel. Walker v. Stowell’s Empirical Analysis
2009
Citation profile
9
cited by 9 later decisions
4
states following
December 2024
most recently cited
8 state decisions
Relationships
Relies on State v. Holgate · Estate of Randall v. Colorado State Hospital · Matter of Estate of Daigle · Switzer v. Reynolds · Scott Ex Rel. Scott v. School Board of Granite School District
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A nonclaim statute operates to deprive a court of jurisdiction. The personal representative of an estate can neither waive it nor toll it. A nonclaim statute imposes a condition precedent to the enforcement of a right of action; that is to say, the claim must be presented within the time set in the notice to creditors or be barred. A statute of limitations, on the other hand, does not bar the right of action but only the remedy. Such a statute may be tolled. Such a statute is a defense which is waived if not affirmatively pleaded.”
2 later decisions quote this exact passage“as a jurisdictional bar not subject to tolling.”
1 later decision quote this exact passage“to promote a speedy and efficient system”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.