Smith v. Wells’s Empirical Analysis
1919
Citation profile
6 federal appellate · 20 state decisions
How this case has been cited
Cited by 28 later decisions — most recently June 2006 · most notably 129 Ind. App. 588 - Merchants National Bank & Trust Co. v. Winston (1959), City of Indianapolis v. Pollard (1960)
6 federal appellate · 20 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 Gould v. Emerson · 52 Ind. App. 496 - Nave v. Powell · Warrum v. White · 54 Ind. App. 625 - Kann v. Brooks · Irwin v. Kilburn
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It has been held that the right of subrogation is one of indemnity only, and rests on an implied promise on the part of the principal; and that, where such right arises by reason of suretyship, the surety is not entitled to recover a greater amount than he has paid for his principal. . . . In this case the special finding of facts does not disclose that any amount was paid as an attorney’s fee by or on behalf of . . . (surety) in the payment of the debt secured by the mortgage in question, and hence no amount on that account should be included in any recovery by said appellee (surety).””
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.