Smith v. Toman’s Empirical Analysis
1938
Citation profile
7 federal appellate · 31 state decisions
How this case has been cited
Cited by 42 later decisions — most recently May 2019 · most notably 199 Ill. 2d 325 - Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc. (2002), 109 Ill. 2d 202 - Fredman Bros. Furniture Co. v. Department of Revenue (1985)
7 federal appellate · 31 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 Custer v. McCutcheon · Cooke v. Avery · Spaulding v. White · The People v. Farmers State Bank · 29 N.J. Eq. 268 - Board of Chosen Freeholders v. State Bank
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Statutes of limitation relate to the question of remedy by fixing a time within which a suit must be brought. Those statutes which create a substantive right unknown to the commonlaw and in which time is made an inherent element of the right so created, are not statutes of limitation. Section I of the Judgments Act is such a statute.”
2 later decisions quote this exact passage · from the majority““It is only by force of section 1 of our Judgments act that this judgment became a lien on appellee’s land, and its existence is limited to one year, if the statute is not complied with. The duration of the lien is an integral part of the statute creating it. Appellants contend that the provision for the termination of the lien within a year if no execution is issued, is a statute of limitation and therefore not binding on the State. . . . “Statutes of limitation relate to the question of remedy by fixing a time within which a suit must be brought. Those statutes which create a substantive right unknown to the common law and in which time is made an inherent element of the right so created, are not statutes of limitation. Section 1 of the Judgments act is such a statute.” (Italics ours.)”
1 later decision quote this exact passage · from the majority““The very enactment which creates the lien provides in express. terms for the period of its existence. This is not a statute of limitation upon a right of action which may be of no avail as against the sovereign authority of the state. It does no more than to fix a period of time within which a party, having obtained a judgment, may follow the defendant’s real estate into the hands of the grantees. Failing to avail himself of such privilege within the time fixed the right expires, and he must ^enforce his judgment, if at all, by the usual method of levy and sale upon such property as he can find belonging to the judgment debtor unaided by a statutory lien. The court has no power to extend its life, nor can the officers of the state prolong it by neglecting to make use of its benefits.””
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.