Brown v. Scheible’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court should properly dismiss a petition on the pleadings alone when “from the face they present no material issue of fact and the moving party is entitled to judgment as a matter of law.” Schwartz v. Lawson, 797 S.W.2d 828, 833 (Mo.App.1990). “Where the running of the statute of limitations depends upon when the plaintiff discovered or by reasonable diligence could have discovered the fraud, a question of fact is presented.” Schwartz, 797 S.W.2d at 836 . Thus, plaintiffs petition should have been dismissed only if, as a matter of law, it could be determined from the pleadings that the fraud was capable of ascertainment more than five years prior to the filing of the petition.”

   1 later decision quote this exact passage
   e.g. Grove v. Sutliffe

2. “Within Five Years: [[Image here]] (5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.”

   1 later decision quote this exact passage
   e.g. Taryen Development, Inc. v. Phillips 66 Co.