Smith v. Smith’s Empirical Analysis
1976
Citation profile
58 state decisions
How this case has been cited
Cited by 58 later decisions — most recently June 2014 · most notably Brown v. McLennan County Children's Protective Services (1982), Rogers v. Rogers (1978)
58 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 McEwen v. Harrison · Gunn v. Cavanaugh · Victory v. Hamilton · Robinson v. Robinson · Pace Sports, Inc. v. Davis Brothers Pub. Co., Inc.
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ . . .In Robinson v. Robinson, 487 S.W.2d 713 (Tex.1972), we held that if an appealing party exercises due diligence and through no fault of his own is unable to obtain a proper record of the evidence introduced, this may require a new trial where his right to have the case reviewed on appeal can be preserved in no other way. See also Wallace v. Snyder National Bank, 527 S.W.2d 485 (Tex.Civ.App. 1975, writ ref’d n. r. e.); Fitz v. Toungate, 419 S.W.2d 708 (Tex.Civ.App. 1967, writ ref’d n. r. e.); Dugie v. Dugie, 511 S.W.2d 623 (Tex.Civ.App. 1974, no writ).””
3 later decisions quote this exact passage“The writ of error in our practice is but another mode of appeal. Smith & Janes v. Gerlach, 2 Tex. 424 (1847). See also Gunn v. Cavanaugh, 391 S.W.2d 723 (Tex. 1965).”
2 later decisions quote this exact passage““Under Rule 377, Tex.R.Civ.P., an appellant is entitled to a statement' of facts in question-and-answer form, and if, through no fault of his own, after the exercise of due diligence, he is unable to procure such a statement of facts, his right to have the cause reviewed on appeal can be preserved in no other way than by a retrial of the case.””
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.