Hoyt v. Stark’s Empirical Analysis

Citation profile

3 federal appellate · 4 district · 27 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In all cases the law has provided a proper officer and a known office in which he is to transact his official business. Begardless of the varying phraseology of the statutes, in contemplation of law a paper whose filing carries notice, or affects private rights, is filed only when deposited with the proper officer at his office for this especial purpose.....It means a presentation to him at the proper place, and within the proper time.....As was said in Tregambo v. Mining Co., 57 Cal. 501 ; ‘Filing a paper consists in presenting it at the proper office and leaving it there, deposited with the papers in such office.’ .... When section 940 of the Code of Civil Procedure speaks of filing the undertaking with the clerk, it means distinctly that it is to be presented for filing to him at his office.””

   2 later decisions quote this exact passage
   e.g. American Colonial Bank v. Ramos · Estate of Dunn v. Kerby

2. ““The office of the county clerk of Santa Clara County opens at nine a. m., and closes at five p. m. After the hour of five p. m., appellant’s attorney went to the office of the county clerk to file his undertaking upon appeal. It was the last day allowed him by law for this purpose. Finding the office closed, he went to a social club in the city of San José, where he found one of the deputy county clerks. To him he explained the circumstances. The deputy took the undertaking and indorsed it as filed upon that day and date. At 9: 30 a. m., upon the following day, respondent’s attorney visited the clerk’s office, examined the proper books and registers, and found no record of the filing in the clerk’s office of the necessary undertaking. Thereafter the deputy county clerk to whom had been instrusted the understaking, arriving at the office, delivered the bond to a fellow-deputy, who placed it in its proper receptacle and made in the proper books the entry of its filing.””

   1 later decision quote this exact passage
   e.g. American Colonial Bank v. Ramos

3. ““An instrument is filed for record when it is deposited in the proper office with the person in charge thereof, with directions to record it.....””

   1 later decision quote this exact passage
   e.g. Estate of Dunn v. Kerby