Rachal v. Smith’s Empirical Analysis
101 F. 159 · 1900
Citation profile
2 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 6 later decisions — most recently August 2003
2 federal appellate · 2 district · 2 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 Oury v. Saunders · Barnes v. . Mott · Pridgen v. Warn · First National Bank of Houston v. Ackerman · W. M. Cason & Bro. v. Connor
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Since the equitable doctrine of subrogation was ingrafted on the English equity jurisprudence from the civil'law, it has been steadily growing in importance, and widening in its sphere of application. It is a creation of equity, and is administered in the furtherance of justice. It is applied to give the party who actually pays the debt the full benefit and advantage of such payment. It has been long settled, and it is not controverted, that the doctrine applies where a junior incumbrancer discharges the prior incumbrance, and where the surety pays the debt of his principal, and in cases of like character. A just limitation of the application of the doctrine is .that it does not apply to payments made by a mere volunteer or stranger. ‘No one can be allowed to intrude himself upon another as his surety; and therefore if a man voluntarily pays the debt of another, without any agreement to that effect with the debtor, he cannot take the place of the creditor, or in any way recover the money so paid of the debtor, because the law does not permit one man thus officiously and without solicitation to. intermeddle with the affairs of another.’ Winder v. Diffenderfer, 2 Bland, 199 ; Harris, Subr. p. 558, § 810, note ‘h.’ This objection is made in the present case. It is urged that Francis Smith, in advancing the money to pay the mortgages, was a mere volunteer within the meaning of the authorities, and that the doctrine of subrogation, therefore, does not apply. It will be .remembere”
1 later decision quote this exact passage · from the majoritye.g. In re McGuire
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.