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← 38 N.M. 506 - Allison v. Schuler

Allison v. Schuler’s Empirical Analysis

1934

Citation profile

26
cited by 26 later decisions
4
states following
August 2013
most recently cited

24 state decisions

How this case has been cited

Cited by 26 later decisions — most recently August 2013 · most notably Martinez v. Research Park, Inc. (1965), Sundance Mechanical & Utility Corp. v. Atlas (1990)

24 state decisions

120193419401950196019701980199020002010decided

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 Alberti v. Moore · Milliken Bros., Incorporated v. . City of N.Y. · General Fire Extinguisher Co. v. Schwartz Bros. Commission · Hot Springs Plumbing & Heating Co. v. Wallace · Nichols v. Culver

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

  1. ““We indicated in the Hot Springs Plumbing & Heating Co. case, supra, that any{thing short of permanent abandonment would not start the running of the time within which a lien claim must be filed, and that suspension of work must be accompanied by an intention to cease work or cease furnishing materials permanently, or at least indefinitely, would be necessary to constitute abandonment. We there displayed a leaning toward the Oregon rule, and cited Eastern & Western Lumber Co. v. Williams, 129 Or. 1 , 276 P. 257 . That decision was shortly afterwards followed in Stark-Davis Co. v. Fellows, * *”
    1 later decision quote this exact passage
  2. ““Whether or not there is an abandonment. within the meaning of the rule by which abandonment is deemed equivalent to completion as regards the time for filing mechanics’ lien claims is often a difficult question. It has been held that abandonment of the work will not be presumed where the right to a mechanics’ lien is in question, but must be established by the evidence; * * [Citation in footnote, Feick v. Stephens, 250 F. 185 , 162 C.C.A. 321 , (1918)] (Emphasis supplied.)”
    1 later decision quote this exact passage
  3. ““ * * * there is direct authority to the effect that, in determining the question when a work is completed or abandoned, as regards the rights of parties to file or assert mechanics’ liens, the court should not take a technical and narrow wiew, but should save to parties entitled to liens any rights they may justly have under a fair and equitable construction of the facts and the law applicable thereto.””
    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.