Smith v. Klem’s Empirical Analysis
1983
Citation profile
7 federal appellate · 45 state decisions
How this case has been cited
Cited by 64 later decisions — most recently April 2024 · most notably 81 Ohio App. 3d 591 - Akron-Canton Waste Oil, Inc. v. Safety-Kleen Oil Services, Inc. (1992), McDonald v. Republic-Franklin Insurance (1989)
7 federal appellate · 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 12 Ohio St. 2d 17 - Cassidy v. Glossip · 70 Ohio St. 2d 213 - State ex rel. Smith v. Court of Common Pleas · 112 Ohio St. 567 - Baltimore & Ohio Rd. Co. v. Baillie · DeLozier v. Sommer · 40 Ohio App. 2d 325 - Holland v. Carlson
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As to the precedential value of the second paragraph of the syllabus of [State, ex rel.] Smith, [v. Court (1982), 70 Ohio St. 2d 213 ] it is well-established that the syllabus of an opinion issued by this court states the law of the case. DeLozier v. Sommer (1974), 38 Ohio St. 2d 268, 271 [67 O.O. 2d 335]; Cassidy v. Glossip (1967), 12 Ohio St. 2d 17 [14 O.O. 2d 153], paragraph six of the syllabus; Baltimore & Ohio Rd. Co. v. Baillie (1925), 112 Ohio St. 567 , paragraph two of the syllabus; Cleveland-Akron Bag Co. v. Jaite (1925), 112 Ohio St. 506 ; Merrick v. Ditzler (1915), 91 Ohio St. 256 , 264. As such, all lower courts in this state are bound to adhere .to the principles set forth therein. Merrick v. Ditzler, supra. “In the past, this court has examined the syllabi of several of its cases and concluded that when obiter dictum appears therein it must be so. recognized and considered. State, ex rel. Bd. of Edn., v. Morton (1975), 44 Ohio St. 2d 151, 153-154 [73 O.O. 2d 454]; DeLozier v. Sommer, supra. However, that determination is a function reserved exclusively for this court. Until such a determination is made, the syllabus is presumed to be the law of the case'and all lower courts are bound to adhere to the principles set forth therein.””
3 later decisions quote this exact passage““Due to the enactment of R.C. 2107.72, amendments may be made to plaintiff’s complaint to join necessary parties in a will contest action. These amendments would, under Civ. R. 15(C), relate back to the date of the original filing.””
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.