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← 10 CALAPP2D 394 - Duntley v. Kagarise

Duntley v. Kagarise’s Empirical Analysis

1935

Citation profile

39
cited by 39 later decisions
2
states following
March 1970
most recently cited

37 state decisions

How this case has been cited

Cited by 39 later decisions — most recently March 1970 · most notably Northen v. Elledge (1951), Severance v. Knight-Counihan Co. (1947)

37 state decisions

14019351940195019601970decided

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 Smith v. Bach · Gridley v. Tilson · Moore v. Moffatt · Walker v. Harbor Realty & Development Corp. · 126 Cal. App. 677 - Herkner v. Rubin

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

  1. “The general rule controlling in cases of this character is that where a statute prohibits or attaches a penalty to the doing of an act, the act is void, and this, notwithstanding that the statute does not expressly pronounce it so, and it is immaterial whether the thing forbidden is malum in se or merely malum prohibitum. ... The imposition by statute of a penalty implies a prohibition of the act to which the penalty is attached, and a contract founded upon such act is void.”
    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.