Smith v. Calloway’s Empirical Analysis

Citation profile

1 federal appellate · 16 state decisions

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

1. ““The general rule, however, that the statute of limitations is a bar to suits in equity as well as actions at law, has its limits. It is opposed by another general rule, that in cases of frauds and trusts the statute of limitations does not run. The trusts coming within this rule are direct trusts, technical and continuing trusts, which are not cognizable at law, but which are mere creatures of a court of equity, and fall within the proper and exclusive jurisdiction of chancery. There are numerous eventual and possible trusts, that are raised by implication of law or otherwise, that fall within the control of the statute. livery deposit is a trust; every pei'son who holds money to be paid to another, or to be applied to any particular and specific purpose, is a trustee, and may be sued cither at law or in equity. Contracts of bailment are express and direct trusts, but these are all within the statute. ,Tlie sound rule, then, is that the trusts not reached or affected in equity by the statute of limitations are technical and continuing trusts, of which courts of law have no cognizance.””

   1 later decision quote this exact passage
   e.g. Merrill v. Town of Monticello