27 Tenn. App. 182 - Davis v. Mitchell’s Empirical Analysis
1943
Citation profile
2 federal appellate · 83 state decisions
How this case has been cited
Cited by 89 later decisions — most recently May 2015 · most notably 46 Tenn. App. 335 - Henry v. Southern Fire & Casualty Company (1958), 28 Tenn. App. 388 - State Ex Rel. v. Nashville Trust Co. (1944)
2 federal appellate · 83 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 Johnston v. Cincinnati, N. O. & T. P. Ry. Co. · 4 Smith & H. 7 - Curran v. State · Jourolmon v. Massengill · Hunt v. Hunt · Cumberland Telephone & Telegraph Co. v. Smithwick
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The interpretation of the views expressed in Jourolmon v. Massengill by subsequent cases is that by virtue of Code, Section 10353 [now 26-4-101,] an active trust within the purview of that enactment takes on the characteristics and immunities appertaining to a spendthrift trust, as that phrase is commonly understood, quite apart from any restrictions or lack of them in the instrument creating the trust, in so far as the rights of creditors are concerned, but that neither the statute, nor the usual provisions creating a strictly spendthrift trust where present, will prevent the immediate vesting of an equitable, transmissible estate in the beneficiaries of the trust unless the language of the will expressly or impliedly manifests a contrary intention on the part of the testator. However, the line of cases which support this view also leave no doubt that an active trust can be created wherein the beneficiary takes no transmissible equitable interest in the estate and none in the income until it is paid to him, and no doubt that one was held to have been so created by the will under the consideration in the Jourolmon case, notwithstanding that, as we say, the real basis of the decision there was the statute[.]”
1 later decision quote this exact passage““The trial shall be conducted like other jury trials at law, the finding of the jury having the same force and effect, and the court having the same power and control over the finding, as on such trials at law.””
1 later decision quote this exact passagee.g. Bauman v. Smith“has taken deep root in this country and there is now no substantial dissent from it.”
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.