Smith v. Burnet’s Empirical Analysis
1882
Citation profile
1 federal appellate · 18 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 1966
1 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 Gray v. . Barton · Grey v. . Grey · Green v. United States · Hitch v. Davis · Redman v. . Redman
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Their purpose is, in the language of Dr. Wharton ( Wharton on Evidence ), to provide that when one of the parties to a litigated obligation is silenced by death, the other shall be silenced by law.”
2 later decisions quote this exact passage · from the majority“In enforcing the object of the statute, courts will look at the substance of the cause and observe, through the forms of the procedure, who are the real parties whose interests are antagonistic, and then will see that when one is put at a disadvantage by death, the other shall not be permitted to profit by the misfortune of his adversary.”
1 later decision quote this exact passage · from the majority“the object [of the legislation] is to close the mouth of a party whose interest is antagonistic to the estate of a deceased person in regard to those transactions and conversations in which the deceased bore a part, and concerning which he, if living, would be the most important, perhaps the only, witness beside the opposing party;”
1 later decision quote this exact passage · from the majoritye.g. In Re Fulper
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.