Hodge v. Perry’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general rule is unquestionably that when the ‘statute of limitations once begins to run nothing stops it.’ But the statute (Revisal, sec. 367) has made an exception where a party dies. It provides that if the debt is not barred at the time of the debtor’s death, action can be brought against his personal representative (if the cause of action survive), though the period of limitation has then elapsed, if within one year after issuing of letters of administration.” Matthews v. Peterson, 150 N.C. 134 , 63 S.E. 721 ; Irvin v. Harris, 182 N.C. 656 , 109 S.E. 871 ; s. c., 184 N.C. 547 , 114 S.E. 818 ; Humphrey v. Stephens, 191 N.C. 101 , 131 S.E. 383 , and cases cited therein; Winslow v. Benton, 130 N.C. 58 , 40 S.E. 840 ; Benson v. Bennett, 112 N.C. 505 , 17 S.E. 432 . Having instituted this action against the administrator within one year after his qualification, plaintiffs right to recover is the same as if he had instituted the action against the decedent immediately preceding his death. The respective rights of the parties are fixed as of the date of decedent’s death; and, in respect of the statute of limitations, the interval between decedent’s death and the institution of the action has no legal significance. The court below correctly ruled that plaintiff, if entitled to recover, was entitled to recover for the services rendered by her during the three years immediately preceding the decedent’s death.”

   1 later decision quote this exact passage · from the majority
   e.g. 111 N.C. App. 206 - Lassiter v. Faison