Leavy v. Saunders’s Empirical Analysis

Citation profile

10 federal appellate · 2 district · 6 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The express language of the amendment to § 8-634, enacted March 7, 1904, excludes from the one year limitation the time that the first action was pending if that action "for any cause abates or is dismissed without determining the merits of said action." The amendment does not use the word "non-suit." Yet its dominant purpose is clearly disclosed by the language "without determining the merits of said action." Given the liberal construction to which it is entitled, that phrase evinces an intent to save to the plaintiff the time the first action was pending so as to afford him opportunity to obtain a trial upon the merits. A statute extending the time for the institution of a new action on failure of the original action for reasons other than on the merits is highly remedial, and should be liberally construed in furtherance of its purpose, to afford litigants a hearing on the merits, and is not to be frittered away by any narrow construction; ... 54 C.J.S., Limitations of Actions, § 287 (b), p. 347. Quite often there is difference in the office or meaning of the words "abate," "dismiss," or "nonsuit," depending upon how and where used, or upon the overall context of the language employed, the purpose sought to be accomplished or like considerations. 17 Am.Jur., Dismissal, Discontinuance and Nonsuit, § 21, p. 57; 27 C.J.S., Dismissal and Nonsuit, §§ 1, 2, and 3, pp. 155, 156; 1 C.J.S., Abatement and Revival, § 1, p. 27. However, as the words "abates" and "dismissed" are used in”

   1 later decision quote this exact passage
   e.g. 1 Va. Cir. 304 - Fischer & Porter Co. v. Glen Falls Ins.

2. ““If in any action duly commenced within the time limited therefor in this chapter, the writ fails of a sufficient service or return by any unavoidable accident, or by any default or neglect of the officer to whom it is committed; or if the writ is abated, or the action otherwise avoided or defeated by the death of any party thereto, or for any matter of form ... a new action may be commenced, for the same cause of action, at any time within 1 year after the abatement or other determination of the original action . . . ”.”

   1 later decision quote this exact passage
   e.g. Viars v. Surbaugh