Clark v. Clark’s Empirical Analysis
1971
Citation profile
2 federal appellate · 18 state decisions
How this case has been cited
Cited by 20 later decisions — most recently October 1992
2 federal appellate · 18 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 Wilks v. Wilks · Bell v. Bell · Powell v. Labry · Penney v. Pritchard & McCall · Keith & Wilkinson v. Forsythe
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In all actions and proceedings in the probate courts and circuit courts and other courts of like jurisdiction, where there is involved the administration of a trust [in Clark the Court held that an executor is a trustee, and that the executor's administration of the estate of a decedent is that of a trustee] . . . the court having jurisdiction of such action or proceeding may ascertain a reasonable attorney's fee, to be paid to the attorneys or solicitors representing the trust, joint or common property, or any party in the action or proceeding, and is authorized to tax as a part of the costs in such action or proceeding such reasonable attorney's fee , which is to be paid when collected as other costs in the proceeding to such attorneys or solicitors as may be directed or ordered by the court. . . ."”
2 later decisions quote this exact passage“"The costs of any contest under the provisions of this article must be paid by the party contesting if he fails; otherwise, it [sic] must be paid by the plaintiff or out of the estate , or in such proportion by the plaintiff or out of the estate as the court may direct. . . ."”
2 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.