6 Smith & H. 175 - State Ex Rel. v. Abernathy’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The doctrines of estoppel (in pais) and laches are based on the theory that the conduct of the party against whom these defenses are asserted has misled the other party, or has otherwise placed him in a situation where his rights will be imperilled and his defenses embarrassed. ... So also the doctrine of laches rests on the ground that by reason of delay on the part of the complainant the defendant has been prejudiced by loss of evidence, or other circumstances, so that his defenses will be embarrassed. 'Where the defense of laches is based solely on the lapse of time, a court of equity usually applies the statutory period applicable in a court of law,but where there has been a loss of evidence, as by reason of the death of witnesses, etc., a party may be barred by a delay in attempting to enforce his claim far short of the period prescribed by the statute of limitations.””

   1 later decision quote this exact passage · from the majority
   e.g. State Ex Rel. Obion County v. Cobb