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← 239 SW2D 441 - Small v. Lang

Small v. Lang’s Empirical Analysis

1951

Citation profile

12
cited by 12 later decisions
1
states following
December 1969
most recently cited

12 state decisions

Relationships

Relies on Sartor v. Arkansas Natural Gas Corp. · Toebelman v. Missouri-Kansas Pipe Line Co. · Ramsouer v. Midland Valley R. · Avrick v. Rockmont Envelope Co. · Moore v. Dilworth

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

  1. ““ * * * ‘The weight of authority and the general view seem to be, * * that summary judgment will lie and will only lie if the state of facts at the hearing of the motion would, if presented in a jury trial, entitle movant with all reasonable doubts resolved against him, to a peremptory instruction.’ Ramsouer v. Midland Valley R. Co., 8 Cir., 135 F.2d 101 ; Toebelman v. Missouri-Kansas Pipe Line Co., 3 Cir., 130 F.2d 1016 ; Sartor v. Arkansas Natural Gas Corp., 321 U.S. 620 , 64 S.Ct. 724 , 88 L.Ed. 967 .””
    1 later decision quote this exact passage
  2. ““Our decisions seem uniformly to recognize that, although it does so result in some cases, it was never the purpose of the act to permit debtors to escape their obligations. Rather, the evil it sought to remedy ‘was to prevent demands originally invalid or which had been discharged from being enforced after such a lapse of time as would probably make it impossible for defendants to procure evidence by which a just defense could be established.’ ””
    1 later decision quote this exact passage
  3. “"The Hanley case also holds: `And, if the writing acknowledges the justness of the claim, the acknowledgment imports (1) an admission that the claim is a subsisting debt and (2) a promise to pay it, if unaccompanied by any circumstances repelling the presumption of willingness or intention to pay.' There would appear to be no such circumstances shown here."”
    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.