McElroy v. McElroy’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I. The trial court erred in holding that plaintiff’s claim was barred by Missouri Revised Statutes § 516.-120(4) because said period of limitations was tolled by 50 U.S.C. § 525 , commonly known as the Soldier’s and Sailor’s Civil Relief Act. II. The trial court erred in finding that the plaintiff’s claim was barred by laches because the defendant made no showing of either the prejudice of the loss of evidence which would support the defendant’s position, nor prejudice of a change in defendant’s position in a way that would not have occurred but for the delay in plaintiff’s filing her equitable action, and because laches is not generally invoked within a period of time less [than] the period by which the cause of action is barred by limitations, said period in this cause of action being tolled by 50 U.S.C. Appx. § 525. III. The trial court erred in holding that the appellant waived her rights in the military pension because she knew at the time she executed the property settlement agreement that the said pension was a marital asset when the military pension by operation of law was not a marital asset, and because the respondent failed to plead waiver and the separation agreement and property settlement as an affirmative defense and because said agreement provid ed that there was no non-marital property to be divided.”

   1 later decision quote this exact passage
   e.g. Dukes v. Dukes