In re Hoke

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “What determines the applicable limitations period is ‘the basic nature of the suit in which the issues involved would have been litigated if the Declaratory Judgment Act had not been adopted.’”
• “When a party is ‘attacked,’ he can rely on the statute of limitations as a shield, but when a party is the ‘aggressor,’ equity precludes the use of the time bar as a sword.”

Source: CourtListener parenthetical corpus (CC0).