Lambert v. Bates’s Empirical Analysis
1902
Citation profile
2 federal appellate · 25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently January 1975 · most notably Spring Street Co. v. City of Los Angeles (1915), Burns v. Superior Court (1903)
2 federal appellate · 25 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 Culross v. . Gibbons · Appeal of S. O. Houghton · Demarest v. . Darg · Diggins v. Hartshorne · Belser v. Hoffschneider
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The legislature has thus not only provided a tribunal for the purpose of determining whether the contractor has completed his contract according to its terms, but it has also declared that the decisions and determinations of that tribunal upon this question shall be ‘final and conclusive’ as to all errors which it might have remedied. "Whether the work in the present ease was done in conformity with the contract to the official grade was a fact to be determined in the first instance by the superintendent of streets. The Street Improvement Act declares that all street work shall' be done under his direction and to his satisfaction, and it is alleged herein and found by the court that the work was accepted and approved by him and that he thereupon made the assessment upon which the action is brought. If in fact he accepted the work and made the assessment before the contract was fulfilled, such determination or act was an error of that officer which the council might have remedied. It was within the functions of that body, upon the defendant’s appeal, to determine whether in fact the work provided for in the contract had been fully performed or not, and under the above provision of section 11, its action in overruling said appeal and dismissing the same is final and conclusive upon him. The council acted judicially in its determination upon the appeal (Belser v. Hoffschneider, 104 Cal. 455 [ 38 Pac. 312 ]), and, as in the case of the judgment of any tribunal for which there is”
1 later decision quote this exact passage““By declaring that the determination of the council shall be ‘final and conclusive,’ it intended that that body should be the final tribunal for the determination of all questions that might be appealed to it, so far as such determination was of a question of fact, or depended upon evidence that might be presented in support of the appeal. (Houghton’s Appeal, 42 Cal. 35 ; Bixler’s Appeal, 59 Cal. 550 .) This provision cannot be construed as authorizing a person merely to take an appeal to the council without presenting to that body sufficient evidence, or any evidence whatever, to support his appeal, and afterwards seek to have the grounds of his appeal sustained before another tribunal and under additional or different evidence.””
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.