42 Ark. App. 225 - Smith v. Whitener’s Empirical Analysis
1993
Citation profile
4 federal appellate · 15 state decisions
How this case has been cited
Cited by 27 later decisions — most recently November 2018 · most notably Dolphin v. Wilson (1998), 55 Ark. App. 275 - Coleman's Service Center, Inc. v. Federal Deposit Insurance (1996)
4 federal appellate · 15 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 Dews v. Halliburton Industries, Inc. · Frigillana v. Frigillana · Merchants & Planters Bank & Trust Co. v. Massey · 6 Ark. App. 166 - Orsini v. Commercial National Bank · Patton v. Brown-Moore Lumber Co.
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]f one has money belonging to another, which, in equity and good conscience, he ought not to retain, it can be recovered although there is no privity between the parties.”
2 later decisions quote this exact passage“When one not primarily bound to pay a debt to remove an encumbrance nevertheless does so, either from his legal obligation or to protect his own secondary right, he may assert a claim of unjust enrichment against the other who is liable. See Cox v. Wooten Brothers Farms, 271 Ark. 735 , 601 SD.W.2d 278 (Ark. App. 1981) Here appellant was not obligated to appellee to pay any portion of appellee’s mortgage. . . . (Emphasis added.)”
1 later decision quote this exact passagee.g. Dolphin v. Wilson“something of value to which he is not entitled and which he should restore. There must be some operative act, intent, or situation to make the enrichment unjust and compensable.”
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.