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← 133 Cal. 373 - Gibbs v. Tally

Gibbs v. Tally’s Empirical Analysis

1901

Citation profile

30
cited by 30 later decisions
3
cited 3 times by the Supreme Court
10
states following
October 1985
most recently cited

27 state decisions

How this case has been cited

Cited by 30 later decisions (3 by the Supreme Court) — most recently October 1985 · most notably 52 Cal. 2d 162 - Chavez v. Sargent (1959), Hartford Accident & Indemnity Co. v. N. O. Nelson Manufacturing Co. (1934)

27 state decisions — followed in 10 states

130190119101920193019401950196019701980decided

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 Pumpelly v. Green Bay Co. · Butchers' Union Slaughter-House Live-Stock Landing Co v. Crescent Slaughter-House Co · Wynehamer v. . the People · Bertholf v. . O'Reilly · Ex parte Jentzsch

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

  1. “It is also an unreasonable and unnecessary restriction upon the power to make contracts. (Citations.) It clearly contravenes the provisions of section 1 of article I of the constitution of the state, and the fourteenth amendment to the constitution of the United States. It is not--and clearly it could not be--contended that this law is a regulation which comes within what is called the police power.”
    1 later decision quote this exact passage
  2. “"The statute does not say who shall cause this bond to be executed, nor to whom it shall, in form, be made payable. It does not undertake that the contractor shall faithfully perform his contract. In short, there is in it nothing which can be of advantage to the owner in any possible event."”
    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.