Moldovan v. Fischer’s Empirical Analysis
1957
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently March 2009
6 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 37 Cal. 2d 16 - Freedman v. Rector, Wardens & Vestrymen of St. Matthias Parish · Barkis v. Scott · 135 Cal. App. 2d 720 - Petersen v. Ridenour · 17 Cal. App. 254 - San Francisco & Suburban Home Building Society v. Leonard · Bird v. Kenworthy
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Upon default in the payments, respondent was entitled to possession under the contract between the parties and could take possession if it could be done peaceably. (Francis v. West Virginia Oil Co., 174 Cal. 168, 170 [ 162 P. 394 ]; 25 Cal.Jur., p. 696, at 697.) We are of the opinion that when respondent, acting under its right conferred upon it by the contract between the parties, obtained possession of the premises by means of a peaceable entry, neither the entry upon nor the detention of the premises was 'unlawful' within the meaning of the subdivisions of said section 1160 relating to forcible detainer.”
1 later decision quote this exact passage“When contractual relations exist between the parties whereby the right to possession has been given to the one taking possession by means of the peaceable entry, then neither the entry nor detention of the property is 'unlawful' within the meaning of said section 1160 dealing with forcible detainer,”
1 later decision quote this exact passage“2. Who, in the night-time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant.”
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.