Smith v. Whittier’s Empirical Analysis
1892
Citation profile
8 federal appellate · 139 state decisions
How this case has been cited
Cited by 149 later decisions — most recently December 2009 · most notably 70 Cal. 2d 522 - People v. Ireland (1969), Hobart v. Hobart Estate Co. (1945)
8 federal appellate · 139 state decisions — followed in 15 states
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 Treadwell v. Whittier · West v. Smith · Preston v. Hill · People v. McCrea · People V. Estrado
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 149 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Rules of procedure, whether statutory or made by the court, are intended to facilitate courts in doing justice between the parties. They are framed with a view to enable litigants to properly present their cause for determination; and courts, in the exercise of their supervisory care over them should be inclined to take that course which will enable them to ascertain the actual facts in a cause. For the guidance of parties^ certain formalities are required, and certain times specified within which the several steps are to be taken; but, except in matters which are jurisdictional, these provisions are intended for. the convenience of courts and litigants, and should be liberally construed.””
1 later decision quote this exact passage“within the rule which excludes hearsay. ... If the fact sought to be established is, that certain words were spoken, without reference to the truth or falsity of the words ... the testimony of any person who heard the statement is original evidence, and not hearsay.”
1 later decision quote this exact passage““If, however, the terms of the verbal agreement are disputed, courts refuse to settle such disputes, or to try a collateral issue for the purpose of determining whether any agreement had been made.””
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.