Talley v. Howsley’s Empirical Analysis
1943
Citation profile
5 federal appellate · 48 state decisions
How this case has been cited
Cited by 57 later decisions — most recently January 2019 · most notably Gulf, Colorado & Santa Fe Railway Co. v. McBride (1958), Benge v. Scharbauer (1953)
5 federal appellate · 48 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 Chicago, Texas & Mexican Central Railway Co. v. Titterington · Texas Company v. W.H. Daugherty · Rapid Transit Railway Co. v. Smith · Gunst v. Pelham · Clark, Admr. v. Gauntt
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . . ‘A constructive trust is a relationship with respect to property, subjecting the person by whom the title to the property is held to an equitable duty to convey it to another, on the ground that his acquisition or retention of the property is wrongful and that he would be unjustly enriched if he were permitted to retain the property’.””
4 later decisions 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.