Public-domain · open source
OpenJurist
← 125 CAL 388 - In re Clarke

In re Clarke’s Empirical Analysis

1899

Citation profile

64
cited by 64 later decisions
3
states following
March 2009
most recently cited

2 federal appellate · 56 state decisions

How this case has been cited

Cited by 64 later decisions — most recently March 2009 · most notably 63 Cal. 2d 481 - Goodwine v. Superior Court (1965), Judson v. Superior Court (1942)

2 federal appellate · 56 state decisions

100189919001910192019301940195019601970198019902000decided

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 In re Lux · Lyman v. Milton · In re the Estate of Cook · Ex parte Kelly · Marshall v. Taylor

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

  1. “"As a rule one cannot avail himself of the advantage of being a party and escape the responsibilities. Some early cases in this State (Deidesheimer v. Brown, 8 Cal. 340 , and Lyman v. Milton, 44 Cal. 631 ) seem to hold that a defendant having first objected to the process or service by which he was brought in, may then, if his objections are overruled, answer to the merits, and on appeal from the judgment still avail himself of his objections to the jurisdiction of the court over him. This rule seems unjust and illogical, and I think does not prevail elsewhere. It gives the defendant, whose objections to the jurisdiction of the court have been erroneously overruled, an opportunity to go to trial, and if the judgment is favorable to abide by it, while if it is unfavorable he can procure a reversal. The plaintiff would have no such advantage. And what would be the condition of such a defendant after reversal? If the reversal means that he is not yet in the case, he may move to dismiss under section 581. If it merely gives him a new trial, the procedure seems farcical.””
    3 later decisions 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.