Smith v. Barber’s Empirical Analysis
1899
Citation profile
2 federal appellate · 61 state decisions
How this case has been cited
Cited by 63 later decisions — most recently November 1966 · most notably Richards v. Wilson (1916), Quality Clothes Shop v. Keeney (1914)
2 federal appellate · 61 state decisions — followed in 10 states
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 United States v. Peck · Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Moore · Zimmerman v. Gaumer · Parke & Lacy Co. v. White River Lumber Co. · Wolf v. Marsh
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As we have seen, appellee, upon appellants’ default, had a choice of remedies. He might retake his property, or treat the sale as complete and sue for the price. But he can not have both the property and the price. Neither can he treat the sale as complete without abandoning his right of possession ; and the exinguishment of his right of possession was also an extinguishment of his right to a vendor’s lien.””
1 later decision quote this exact passage““The vendor had the right of election to retake the property, or to treat the sale as absolute, and sue for the price.””
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.