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← 467 SW2D 61 - Smith v. Hackleman

Smith v. Hackleman’s Empirical Analysis

1971

Citation profile

4
cited by 4 later decisions
1
states following
July 2005
most recently cited

4 state decisions

How this case has been cited

Cited by 4 later decisions — most recently July 2005

4 state decisions

201971198019902000decided

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 Bates v. Hamilton · Barnard v. Keathley · Holloway v. Holloway · Ott v. Pickard · Lee v. Guettler

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

  1. “if at the time of partition the rents and profits in dispute have not accrued, are not in perception and are not ascertainable, the law does not require the impossible (lex non cogit ad impossibilia) and will permit an action in accounting to be maintained after termination of the partition suit. However, if the rents and profits have “accrued” or “if there is anything due,” or if there be “rents and profits in perception” at the time of partition, then a claim for accounting of such rents and profits must be made in the partition suit if the claimant is to avoid splitting his cause of action and having a subsequent and separate action for an accounting barred under the doctrine of res judicata.”
    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.