116 Cal. App. 635 - Wilson v. Coffey’s Empirical Analysis

Citation profile

6 state decisions

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

1. “‘‘ The third point made by the plaintiff is that the attorneys for the defendant should have been ordered by the lower court to see that the deposit was returned. In support of that point he contends that the deposit having been made in court upon the stipulation and notice to both parties, the deposit should have been withdrawn only in the same manner. That contention is not sound. It was deposited subject to the order of the court. The judgment in the pending action was the ‘order’ of the court. It was not irregular in form. . . . The first judgment was entered April 8, 1925. No stay of execution was entered. It took effect as of that date. . . . The plaintiff’s trouble arose by reason of his omission to have a stay of execution ordered by the trial judge. . . . The record discloses no irregularity regarding the payment of the fund. . . . “. . . As early as September 28, 1925, the trial court had given the plaintiff a judgment for those moneys. No stay was asked or granted. At any time after that date the plaintiff could have caused a writ of execution to issue. He did not do so apparently, but alleged in his affidavit that the defendant was insolvent. Under these circumstances we cannot say that the trial court committed an error in refusing to order a writ of restitution to issue. We find no error in the record.””

   1 later decision quote this exact passage
   e.g. Hall v. Napa County Title Co.