Mitchell v. Jones’s Empirical Analysis
1959
Citation profile
21 state decisions
How this case has been cited
Cited by 38 later decisions — most recently December 2012 · most notably Calvert Bay Area Factors Division of Dimmitt Owens Financial Inc v. Calvert (1997), 6 Cal. App. 3d 626 - Myers v. County of Orange (1970)
21 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 21 Cal. 2d 636 - Panos v. Great Western Packing Co. · 15 Cal. 2d 195 - Sutphin v. Speik · Brown v. Brown · Todhunter v. Smith · Price v. Sixth District Agricultural Assn.
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The default judgment ... did not determine that she (defendant) was not guilty of negligently excavating her property. This was not raised by her pleadings and a determination of this question clearly was not required to uphold the default judg ment. Assuming, arguendo, that the question of defendant’s excavation would have constituted a defense to her action, the default judgment does not 'preclude subsequent litigation on this issue in California for this question was not raised by the pleadings, nor was its resolution necessary to uphold the judgment.”
1 later decision quote this exact passage“A judgment by default is as conclusive as to the issues tendered by the complaint as if it had been rendered after answer filed and trial had on allegations denied by the answer. [Citations.] Such a judgment is res judicata as to all issues aptly pleaded in the complaint and defendant is estopped from denying in a subsequent action any allegations contained in the former complaint. [Citations.]”
1 later decision quote this exact passagee.g. Flood v. Simpson“is limited to the material issuable facts which are well pleaded in the declaration or complaint. The judgment does not extend to issues which were not raised in the pleadings.”
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.