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← 344 SW2D 120 - Schmitt v. Pierce

Schmitt v. Pierce’s Empirical Analysis

1961

Citation profile

41
cited by 41 later decisions
6
states following
August 2001
most recently cited

1 federal appellate · 39 state decisions

How this case has been cited

Cited by 41 later decisions — most recently August 2001 · most notably Sidebottom v. State (1989), Commonwealth v. Golston (1977)

1 federal appellate · 39 state decisions

18019611970198019902000decided

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 Hamre v. Conger · Scanlon v. Kansas City · State ex rel. Baker v. Bird · Faire v. Burke · Walter v. Alt

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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““ * * * Our early rulings on sufficient evidence of survivorship are in accord with rulings in other states under the Act. Sauers v. Stolz, 121 Colo. 456 , 218 P.2d 741, 743 , states (loe. cit. 742[2]): ‘[T]he fact of survivorship requires no higher degree of proof than any other fact in the case.’ See also Prudential Ins. Co. of America v. Spain, 339 Ill.App. 476 , 90 N.E.2d 256, 259 [2]; White v. Taylor, 155 Tex. 392 , 286 S.W.2d 925, 927 ; 16 Am.Jur. 34, §§ 42, 43, and appendix; Annotation 20 A.L.R.2d 235 ; 25 C.J.S. Death § 12, p. 1071.””
    1 later decision quote this exact passage
  2. “Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as’ if one had survived and one-half as if the other had survived. . . . The term “joint tenants” includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the other or others.”
    1 later decision quote this exact passage
  3. “The fact issues in the trial court were: Did one survive the other, or did they die simultaneously within the meaning of the Uniform Simultaneous Death Act, Chapter 471.”
    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.