Witter v. Phelps’s Empirical Analysis
1912
Citation profile
25 state decisions
How this case has been cited
Cited by 26 later decisions — most recently September 1968 · most notably Lyons v. Brunswick-Balke-Collender Co. (1942), 265 Cal. App. 2d 501 - Black Bros. Co. v. Superior Court (1968)
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 Vrooman v. Li Po Tai · Ferris v. Wood · People Ex Rel. Stone v. Jefferds · First National Bank v. Nason · Swortfiguer v. White
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We do not agree with the contention that, by demurring and moving for a change of place of trial, the defendant waived the right to object to any delay which had occurred theretofore. Having been served with summons, she was bound to appear, and either demur or answer. Her demand for change of venue could be made only at the time she so answered or demurred. (Code Civ. Pro., sec. 396.) She was entirely within her rights in insisting upon the change, and in making' her motion for a dismissal in the court to which the action had been removed. By thus taking advantage of her rights, she did nothing which should be held to affect her right to complain of the delays which had occurred.””
1 later decision quote this exact passage““Defendant appeared by filing- a notice of intention to move for change of place of trial to the county of her residence, San Mateo, together with a demand for such change, an affidavit of merits, and a demurrer.””
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.