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← 969 P2D 142 - Harris v. Taylor

Harris v. Taylor’s Empirical Analysis

1998

Citation profile

5
cited by 5 later decisions
1
states following
December 2011
most recently cited

5 state decisions

Relationships

Relies on Kennedy v. Kennedy · Ahearn v. Anderson-Bishop Partnership · Hanesworth v. Johnke · Scott v. Scott · Matter of Estate of Reed

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

  1. “The legislature requires the personal representative to publish notice of admission of an estate to probate, Wyo. Stat. § 2-7-201(1997), and to mail that notice to heirs, beneficiaries, and ereditors, Wyo. Stat. § 2-7-205(a) (1997). Actual notice to a known or reasonably ascertainable creditor is constitutionally required. Hanesworth v. Johnke, 783 P.2d 173, 176 (Wyo.1989). In this case, the personal representative knew that Harris intended to file a personal injury suit against his wife's estate; therefore, Harris was a known creditor entitled to actual notice under Wyo. Stat. § 2-7-205(a)(1997).. When the personal representative has given proper notice, Wyo. Stat. § 2-7-706 (1997) requires a creditor to then file a claim against the estate within the time limits set out in Wyo. Stat. § 2-7-703(a)(1997). Only when these conditions are met and the claim rejected by the personal representative may suit be filed. See Matter of Estate of Campbell, 950 P.2d 557, 560 (Wyo.1997); Scott [v. Scott], 918 P.2d [198] at 201 [ (Wyo. 1996) ]. Onee notice of the claim is filed with the personal representative and rejected, under the statute of limitations set out in Wyo. Stat. § 2-7-718 (1997), the creditor has thirty days to file an action in district court. Estate of Campbell, 950 P.2d [557] at 560 [ (Wyo.1997) ]. A creditor's failure to comply with this statute of limitations is an affirmative defense to an action filed after the deadline. Id. We have held that unless there has been str”
    1 later decision quote this exact passage
  2. “One of the principal purposes behind the adoption of the Wyoming Rules of Civil Procedure was to put.an end to delays in litigation; and Rule 60(b) was not intended .as a means of enlarging by indirection the time for appeal except in compelling circumstances where justice requires that course or unless relief, under the motion has been granted.”
    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.