Scudder v. Hart’s Empirical Analysis
1941
Citation profile
45 state decisions
How this case has been cited
Cited by 47 later decisions — most recently July 1982 · most notably Barber's Super Markets, Inc. v. Stryker (1972), Kershner v. Sganzini (1941)
45 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 State v. Richmond · Hermann v. Niagara Fire Insururance · Pace v. Wight · Slater v. Maxwell · Brown v. Brown
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * ‘Constructive fraud is a breach of legal or equitable duty which, irrespective of the moral guilt of the fraud feasor, the law declares fraudulent because of its tendency to deceive others, to violate public or private confidence, or to injure public interests. Neither actual dishonesty of purpose nor intent to deceive is an essential element of constructive fraud.’ ””
2 later decisions quote this exact passage““In all controversies and suits involving title to property, claimed and held under * * * [and] by virtue of a tax deed executed substantially as aforesaid by the treasurer, the party claiming adverse title to that conveyed by such deed shall be required to prove, in order to defeat the said title, either that the said property was not subject to taxation for the year or years named in the deed * * *, or that the taxes had been paid before sale, * * * but no person shall be permitted to question the title acquired by deed [of the treasurer] without first showing that he, * * * had title thereto at the time of sale. * * * and that all taxes due upon property have been paid by such person, * * * Provided, further, in all cases where the owner of land sold for taxes shall resist the validity of such [tax] title, such owner may prove fraud committed by the officer selling the said lands, or in the purchaser, to defeat the same, and, if fraud is established, such title shall be void. * * *” (Emphasis added.)”
1 later decision quote this exact passagee.g. Griego v. Roybal“"We are next required to consider the meaning of the word `void' in the phrase, `If fraud is established, such title shall be void.' In Kyle v. Chaves, 42 N.M. 21 , 74 P.2d 1030 , we discussed the meaning of the word `void' at some length, which is summarized in the syllabus as follows: `The word "void" is not always used in an absolute or in its literal sense but may be and often is used in the sense of "voidable." Where an enactment has relation only to the benefit of particular persons, "void" will be understood as "voidable" only at the election of the person or persons for whose protection the enactment was made, provided they are capable of protecting themselves. "Absolutely void" is that which the law or nature of things forbids to be enforced at all, and that is "relatively void" which the law condemns as a wrong to individuals and refuses to enforce against them.'"”
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.