116 Cal. App. 2d 752 - Maxwell v. Perkins’s Empirical Analysis
1953
Citation profile
46 state decisions
How this case has been cited
Cited by 49 later decisions — most recently April 2006 · most notably 53 Cal. 2d 427 - Yarrow v. State of California (1960), Martino v. Concord Community Hospital District (1965)
46 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 Holtum v. Grief · Drinkhouse v. Van Ness · Scholle v. Finnell · 11 Cal. 2d 259 - Burnett v. Burnett · Phillips v. Trusheim
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 1003 of the Code of Civil Procedure states that 'every direction of a court ... made or entered in writing, and not included in a judgment, is denominated an order.' As was stated in Von Schmidt v. Widber, 99 Cal. 511, 514 [ 34 P. 109 ]: 'nor is there any provision of law which requires all the orders of a court to be entered at length in its minutes, in order that they may be effective, and by section 1003 of the Code of Civil Procedure, every direction of a court or judge is an order, whether it be merely made in writing or entered in the minutes. If it is not entered it should, however, be filed, in order that it may form a part of the records in the case.' Unless otherwise required by statute, an order becomes legally effective at the time it is signed and filed, regardless of whether it is entered in the minutes by the clerk. ...”
1 later decision quote this exact passagee.g. Badella v. Miller“Nothing further was needed to give vitality to the order. ... The entry of such order in the clerk's minutes served merely to fix the running of time for appeal. ... The judge's assertion that it was his intention that his 'effective ruling' be set forth in a minute order to be prepared and entered in the minutes by the clerk cannot detract from the fact that the ruling which he had already signed and filed was itself his final judicial determination on the merits of the motion for change of venue.”
1 later decision quote this exact passagee.g. Badella v. Miller“An examination of this so-called `opinion' convinces us that it rises to the dignity of a written order signed and filed by the trial judge; while it contains language giving the reasons of the trial judge for making the order, ... it shows indubitably that the motion for a new trial was granted....”
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.