Boostrom v. Bach’s Empirical Analysis

Citation profile

18 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. “controls the presentation of all the documents necessary to commencement of a suit; the complaint, the summons, and the fee.”

   4 later decisions quote this exact passage · from the majority
   e.g. Smith v. Estate of Mitchell · Ray-Hayes v. Heinamann

2. “A civil action is commenced by filing with the court a complaint or such equivalent pleading or document as may be specified by statute, by payment of the prescribed filing fee or filing an order waiving the filing fee, and, where service of process is required, by furnishing to the clerk as many copies of the complaint and summons as are necessary.”

   3 later decisions quote this exact passage
   e.g. Ray-Hayes v. Heinamann · Jackson v. City of Jeffersonville

3. “This holding was grounded on the belief that appeals ought be disposed of on the merits whenever possible, Brady, 396 N.E.2d at 335 , and that there are numerous methods by which to enforce effectively the payment of filing fees other than by couching such enforcement in jurisdictional terms. Id.; Brady v. Eastern Ind. Prod. Credit Ass’n (1977), Ind.App., 360 N.E.2d 1267 , 1269 (Sullivan, J., dissenting). Hinging commencement of an action under T.R. 3 to the payment of filing fees is one such method. Moreover, this Court’s desire to dispose of appeals on the merits whenever possible does not displace the legislative policy which undergirds the statute of limitations. The Brady court rightly concluded that prepayment of the appellate filing fee was neither required by the statute then controlling nor central to accomplishing the objectives of the rules which govern submission of appeals. Those rules exist to facilitate the orderly presentation and disposition of appeals and prevent the confusing and awkward situation of having the trial and appellate courts simultaneously review the correctness of a judgment. Coulson v. Indiana & Michigan Elec. Co. (1984), Ind., 471 N.E.2d 278 . The filing of a praecipe and subsequent presentation of the record fully safeguard these interests. On the other hand, the statute of limitations exists not only to spare courts from stale claims, Matter of M.D.H. (1982), Ind.App., 437 N.E.2d 119 , but also “to insure that parties are given formal and ”

   1 later decision quote this exact passage · from the dissent
   e.g. Natasha F. Hortenberry v. Thomas Palmer