Eades v. Joslin’s Empirical Analysis

Citation profile

13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellants invoke the one-year nonsuit statute, which is § 8947 of Pope’s Digest, pointing out that the orders of dismissal in the first foreclosure suits were made in February, 1938, and that the second foreclosure suits were not filed until December, 1939 (22 months later). But this contention of appellants is without merit. Mr. Justice Frauenthal, speaking for the court, in Love v. Cahn, 93 Ark. 215 , 124 S. W. 259 , said: ‘But the statute (Kirby’s Digest, § 5083) which tolls the statute of limitation for one year where the plaintiff suffers a nonsuit does not narrow the period of limitation in which an action may be brought upon a claim which is not otherwise barred by the general statute of limitation applicable to such claim. This provision of the statute only applies to those causes of action which, under the general statute of limitation applicable to such causé of action, would otherwise be barred before the running of one year from the time of taking such nonsuit. The statute, instead of shortening the period of limitation, really extends the period provided by the general statute of limitation applicable to the cause of action. ’ To the same effect see Dressler v. Carpenter, 107 Ark. 353 , 155 S. W. 108 ; K. C. S. Ry. Co. v. Akin, 138 Ark. 10 , 210 S. W. 350 ; and annotation in 83 A. L. R. 486.””

   1 later decision quote this exact passage
   e.g. Shelton v. Jack

2. ““In 1939 the appellee brought suit to quiet her title to one 40-acre tract; took a voluntary nonsuit in 1940; and filed no suit thereafter until the present one, in 1949. Based on these facts, appellants plead the one year non-suit statute (§ 37-222, Ark. Stats.) as a bar to the present suit. The case of Mitchell v. Fed. Land Bank, 206 Ark. 253 , 174 S. W. 2d 671 , decides this question against the appellants’ because they are here seeking to invoke the one year nonsuit statute to shorten the plaintiff’s rights, and such is not its purpose. The plaintiff could have brought suit to quiet title at any time before the defendants'acquired title by adverse possession.* * *””

   1 later decision quote this exact passage
   e.g. Shelton v. Jack

3. “. . . plaintiff’s title was of record; the Eades were depending on adverse possession; until their possession had ripened into title they had no title to lease or sell. We find no facts sufficient to make laches applicable as a defense in this case.”

   1 later decision quote this exact passage
   e.g. Adams v. Bruder