Phillips v. Quick’s Empirical Analysis

Citation profile

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

1. “A nonclaim statute is a self-contained statute which absolutely prohibits the initiation of litigation based on it after a prescribed period. While nonclaim statutes limit the time in which a claim may be filed or an action brought, they are separate and distinct from statutes of limitation, and are broader in their operation. Such statutes also are sometimes called special statutes of limitation. A statute is a nonclaim statute if there is a clearly evidenced legislative intent in the statute to not merely withhold the remedy, but to take away the right of recovery when a claimant fails to present his or her claim as provided in the statute. The language creating a nonclaim statute must indicate clearly that a failure to comply with its terms bars the claim, that filing is a condition to the existence of the claim, or that failure to file deprives the court of jurisdiction. The time element is a built-in condition of a nonclaim statute and is of the essence of the right of action, and unless the claim is filed within the prescribed time set out in the statute, no enforceable right of action is created.”

   1 later decision quote this exact passage
   e.g. Beach First National Bank v. Estate of Gurnham

2. “[a]ll claims against a decedent's estate which arose before the death of the decedent ....”

   1 later decision quote this exact passage
   e.g. Huston v. Martin