Smith v. Graham’s Empirical Analysis
1938
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently May 1969
12 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 Taylor v. Taylor · Allen v. Foth · Lay v. Lay · McCain v. McCain · Baldwin's Exor. v. Barber's Exors.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The appellants, * * * being heirs ahd distributees of the estate of decedent, they .had the right to bring suit for settlement of the estate, (citing cases) * * *. Defendants insist that the facts involved in the Taylor Case, [Taylor v. Taylor, 223 Ky. 799 , 4 S.W.2d 752 ] are inapplicable to the facts in the present case, in that in the Taylor Case it appears that the executors had been holding large sums of money in their hands for a period of about three years and making no effort to settle the estate or make any distribution thereof; whereas in the present case plaintiffs brought this suit six months after the qualification of the executors and before they had reasonable time to settle the estate. It must not be overlooked that the right of an interested party to bring a settlement suit six months after the qualification of the administrator is an unconditional right. Sec. 428, Civil Code of Practice. [Now KRS 395.510] The law does not condition that right upon the circumstances or immediate necessity of bringing the suit, and one having such right may exercise it at any time he may choose. It appears to us that the Taylor Case is conclusive of the present one.””
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.