Primus v. Clark’s Empirical Analysis
1944
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently August 2023
19 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 Beals ex rel. Walker v. Ares · Peyton v. William C. Peyton Corp. · Telman v. Galles · Dolliver v. Dolliver · In Re Miller's Estate
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * the following propositions may be accepted without question: “(1) That the transaction in question was presumptively fraudulent. “(2) That the duty devolved upon the husband to show (a) the payment of an adequate consideration, (b) full disclosure by him as to the rights of the wife and the value and extent of the community property, and (c) that the wife had competent and independent advice in conferring the benefits upon her husband.””
2 later decisions quote this exact passage“It is true the Court was there considering an express trust, but we think its statement in the second paragraph above was sound. If it was not intended that actions on constructive trusts should be included within the all-inclusive words, `and all other actions not herein otherwise provided for and specified within four (4) years', of § 23-1-4, then why have we § 23-1-18 that the provisions should not run against causes of action originating in or arising out of trusts when the defendant has fraudulently concealed the cause of action, or the existence thereof, from the party entitled or having the right thereto? The question answers itself and we are unable to agree with plaintiff's argument that we do not have a statute of limitations on trusts.”
1 later decision quote this exact passagee.g. Trujillo v. Padilla“[e]ither husband or wife may enter into any engagement or transaction with the other, or with any other person respecting property, which either might, if unmarried[.]”
1 later decision quote this exact passagee.g. Gabriele v. Gabriele
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.