Moniz v. Peterman’s Empirical Analysis
1934
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently July 1966 · most notably 23 Cal. 2d 849 - Hannah v. Pogue (1944), 36 Cal. 2d 456 - Mello v. Weaver (1950)
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 Price v. De Reyes · Clapp v. Churchill · Silva v. Azevedo · Nusbickel v. Stevens Ranch Co. · Lewis v. Ogram
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . The map of the Hughes subdivision was also received in evidence. It cannot be said, as claimed by appellant, that a finding based upon the above testimony, locating the disputed point at 44 feet west of the center line of the railroad right of way, was ‘ contrary to all the evidence and wholly unsupported. ’ “Appellant at the trial attempted to prove his contention by showing that there was an iron pipe in the ground located at the point claimed by him to be the common section corner, that is to say, 26.2 feet west of the center line of the railroad right of way. It is admitted that there was an iron pipe there, but there is no direct evidence establishing when the pipe was so located, or that it was a government location of the section corner. Appellant cites section 2077, subdivision 2, of the Code of Civil Procedure, which provides that, ‘when permanent and visible or ascertainable boundaries or monuments are inconsistent with the measurement, either of lines, angles, or surfaces, the boundaries or monuments are paramount’, as requiring that such monument be held to be the common section corner. It will be noted, however, that the original government field-notes were not available and appellant in his own brief states that, ‘it stands as an admitted fact in the case that there was no established or known government corner common to the four sections. ’ The testimony of Thomas, the licensed surveyor, who made the survey upon which appellant bases his claim to the 18 ”
1 later decision quote this exact passage““There is no merit in the appeal. The finding of the trial court with reference to the initial starting point is supported by the evidence. The question of the location of the common corner section which was the initial starting point for the description of plaintiffs’ and defendant’s deeds was gone into thoroughly by both sides.””
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.