Benally v. Pigman’s Empirical Analysis
1967
Citation profile
2 federal appellate · 35 state decisions
How this case has been cited
Cited by 41 later decisions — most recently August 2024 · most notably 75 Wash. 2d 808 - Summerrise v. Stephens (1969), Birdo v. Rodriguez (1972)
2 federal appellate · 35 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Pearson v. Dennison · Arias v. Springer · Gatliff Coal Co. v. Cox · Reed, Admr. v. Rosenfield · City of Roswell v. Holmes
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The majority rule and better-reasoned cases on this subject hold that the tolling statute should not be applied if a defendant could be served with process, either actual or substituted, in which event a defendant’s absence from the state does not toll the running of the Statute of Limitations, [citations omitted] It is obvious that the purpose of the tolling statute was to prevent injustice by stopping the operation of the Statute of Limitations where there could be no service of process. Where there may be service, however, as under the ‘long-arm’ statute, the tolling statute simply does not apply.” 429 P.2d at 650-51 .”
2 later decisions quote this exact passage““Although we have never specifically ruled on the question, it is certainly to be implied from our decisions that service of process is not the kind of action which would be sufficient to toll the running of the mandatory dismissal rule. Service upon a defendant is merely one step in the process of litigation and does not constitute the required diligence to bring a case to its final determination.”
1 later decision quote this exact passagee.g. Escobar v. Montoya“If, after the commencement of an action, the plaintiff fail therein for any cause, except negligence in its prosecution, and a new suit be commenced within six months thereafter, the second suit shall, for the purposes herein contemplated, be deemed a continuation of the first.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.