Featherstone v. Hanson’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) In any civil action or proceeding pending in any district court in this state, when it shall be made to appear to the court that the plaintiff therein or any defendant filing a cross-complaint therein has failed to take any action to bring such action or proceeding to its final determination for a period of at least two [2] years after the filing of said action or proceeding or of such cross-complaint unless a written stipulation signed by all parties to said action or proceeding has been filed suspending or postponing final action therein beyond two [2] years, any party to such action or proceeding may have the same dismissed with prejudice to the prosecution„of any other or further action or proceeding based on the same cause of action set up in the complaint or cross-complaint by filing in such pending action or proceeding a written motion moving the dismissal thereof with prejudice.” (Emphasis ours.)”

   3 later decisions quote this exact passage
   e.g. Gilman v. Bates · Ballard v. Markey

2. ““Construing Rules 41(b) and 41(e) together, we hold that except where the time is tolled by statute, such as the Soldiers’ and Sailors’ Relief Act of 1940, § 201, 50 U.S .C.A.Appendix, § 521, or unless process has not been served because of inability to execute it on account of the absence of the defendant from the state, or his concealment within the state, or unless from some other good reason, the plaintiff is unable, for causes beyond his control,'to bring the case to trial, the provision for dismissal is mandatory.””

   2 later decisions quote this exact passage
   e.g. Baca v. Burks · State Ex Rel. City of Las Cruces v. McManus

3. ““ * *' * absent * * * some showing in the court file itself which shows diligence on the -part of the plaintiff to bring the action to trial, * * * the, trial court has no discre: tion except to dismiss the case.””

   2 later decisions quote this exact passage
   e.g. Trujillo v. Harris · Schall Ex Rel. Estate of Guynn v. Burks