McDonald v. Howard’s Empirical Analysis
1955
Citation profile
1
cited by 1 later decisions
1
states following
March 1964
most recently cited
1 state decisions
Relationships
Relies on Citizens Bank & Trust Co. v. Willis · Doll v. Doll · Succession of Nelson · Byrne v. Succession of Byrne · Payne v. Buford
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`A simulation is a feigned, pretended actone which assumes the appearance without the reality. Since the act is entirely without effect, it is held not to have existed, and for that reason may be disregarded or attacked collaterally by any interested person.' `The Action in Declaration of a Simulation' by John Wood Anthony, 17 T. L.R. 457. A total want of consideration is essential to support such an action. So, where the contract sought to be annulled has some reality and there is some consideration, even though inadequate, the creditor may not resort to the action in declaration of a simulation."”
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.