Public-domain · open source
OpenJurist
← 71 MICH 633 - Smith v. Smith

Smith v. Smith’s Empirical Analysis

1888

Citation profile

16
cited by 16 later decisions
4
states following
February 1951
most recently cited

15 state decisions

How this case has been cited

Cited by 16 later decisions — most recently February 1951

15 state decisions

5018881890190019101920193019401950decided

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 French v. . Carhart · Flagg v. Eames · Green Bay & Mississippi Canal Co. v. Hewett · McConnell v. Rathbun · Nightingale and Another, Assignees v. Hidden and Others

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

  1. ““It is well settled by numerous cases, that when the habendum is repugnant and contrary to the granting clause, it is void. It can only affect the grant when it can be construed as consistent with the premises. It cannot divest the grantee of the legal estate already granted him in the premises, nor can the habendum frustrate a grant complete before, or abridge or lessen the estate granted.” Smith v. Smith, 71 Mich. 640 .”
    1 later decision quote this exact passage
  2. ““ ‘It is a cardinal rule in the construction of contracts that the intention of the parties is to be inquired into, and, if not forbidden by law, is to be effectuated. Too much regard is not to be had to the”
    1 later decision quote this exact passage
  3. ““The object to be arrived at by courts in construing deeds or other contracts is to ascertain clearly the intention of the parties.””
    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.