Smith v. Black’s Empirical Analysis
115 U.S. 308 · 1885
Citation profile
18 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 42 later decisions (7 by the Supreme Court) — most recently November 1974 · most notably Jackson v. Smith (1921), Pewabic Mining Co. v. Mason (1892)
18 federal appellate · 1 district · 10 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 Antoine Michoud v. Peronne Bernardine Girod · Sinclair v. Jackson ex dem. Field · Edward Richards v. Sylvanus Holmes · People Ex Rel. Haines v. Smith
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It was for the advantage of these complainants, as subsequent Incum-brancers, that this property should sell for the best price which could be obtained. Even improper practices to enhance the price, if any such had been resorted to, could not be complained of by them. It is only some practice to prevent bidding, or procure a sale for less than the property would have otherwise brought, which can be- relied on by them to avoid the sale. We have no doubt the creditor, for the satisfaction of whose debt the sale was made, had a right to compete fairly at the sale; but whether he had or not, his doing so could not be injurious to the complainants.””
1 later decision quote this exact passage · from the majority“‘ ‘But the fact of depression in value is no ground in itself for not upholding a sale under the trust deed, nor is a subsequent rise in value a ground for Setting aside the sale. Those who speculate in real estate on credit take the risk of depression in value at the time the credit expires, and those who buy for cash in time of depression are entitled to the benefit of a subsequent rise in value. ’ ’”
1 later decision quote this exact passage · from the majority
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.