Smith v. Fishback’s Empirical Analysis
1938
Citation profile
1 federal appellate · 8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently September 2009
1 federal appellate · 8 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 Hall v. Geiger-Jones Co. · Kneeland v. Emerton · Reilly v. Clyne · Texas Creosoting Co. v. Hartburg Lumber Co. · 135 Tex. Crim. 543 - Atwood v. State
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The terms ‘sale’ or ‘offer for sale’ or ‘sell’ shall include every disposition, or attempt to dispose of a security for value. The term ‘sale’ means and includes contracts and agreements whereby securities are sold, traded or exchanged for money, property or other things of value, or any transfer or agreement to transfer, in trust or otherwise.... The term ‘sell’ means any act by which a sale is made, and the term ‘sale’ or ‘offer for sale’ shall include a subscription, an option for sale, a solicitation of sale, a solicitation of an offer to buy, and an attempt to sell, or an offer to sell, directly or by an agent or salesman_ [Emphasis added.]”
1 later decision quote this exact passagee.g. Vick v. George“There can be no doubt that the Legislature of this State had ample reason for passing a drastic and far-reaching Securities Act, for, we believe it can be safely said that no state in the Union has offered a richer field for stock promoters and the sale of worthless stock and seeu- rities than has Texas. Smith v. Fishback, 123 S.W.2d 771, 778 (Tex.Civ.App.1988, writ ref'd).”
1 later decision quote this exact passagee.g. Ferguson v. Williams
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.