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← 246 Ala. 331 - Mott v. Helmes

Mott v. Helmes’s Empirical Analysis

1944

Citation profile

9
cited by 9 later decisions
1
states following
September 1976
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently September 1976

9 state decisions

401944195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Wilkerson v. Wilkerson · Peters Mineral Land Co. v. Hooper · Stewart v. Keyes · Scott v. Scott · Hendley v. First Nat. Bank of Huntsville

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.

  1. “, “The questions of stale demand, twenty-eight years from time of collection of the final-assessment, and default, barred by the lapse of twenty years without recognition of the debt are raised by demurrer. * * * * * * * * * “In Hendley et al. v. First Nat’l Bank, 235 Ala. 664 , 180 So. 667, 668 , the rule established by twenty years period of prescription, as a rule of repose, creating a conclusive bar beyond which courts will not inquire, was considered and declared. * * * ‡ * * “In Downing v. City of Russellville, 241 Ala. [494] 495, 3 So.2d 34, 41 , the statute of 1932, p. 273, and Code 1940, Tit. 37, § 543, were considered, say ing that: ‘This Act, it seems, is to protect the lien of local assessments against the running of statutes of limitation, &c., as well as a further assurance that the lien shall continue in force until ’ paid.’ But that does not militate against the principle that up to twenty years from default on the due date, or the date when there was a due recognition of the continuance of the indebtedness, that indebtedness is conclusively presumed to be paid. “It follows, that we hold as to the Luverne Bonds, they were issued under the controlling effect of Section 1411 of the Code 1907, and the bar of twenty years may be pleaded to defeat the collection of the debt under the pleading before us. * * * ””
    2 later decisions quote this exact passage
  2. “"* * * This is a rule of courts of equity applied to a lack of diligence and good faith in invoking the court's jurisdiction to the prejudice or disadvantage of a defendant. * * *"”
    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.