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← 31 CAL2D 362 - Gale v. Witt

Gale v. Witt’s Empirical Analysis

1948

Citation profile

65
cited by 65 later decisions
3
states following
March 1989
most recently cited

65 state decisions

How this case has been cited

Cited by 65 later decisions — most recently March 1989 · most notably 1 Cal. 3d 467 - Kulchar v. Kulchar (1969), 32 Cal. 2d 13 - Jorgensen v. Jorgensen (1948)

65 state decisions

32019481950196019701980decided

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 Olivera v. Grace · Pico v. Cohn · 20 Cal. 2d 393 - Westphal v. Westphal · 19 Cal. 2d 72 - Hammell v. Britton · McGuinness v. Superior Court

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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““ ‘The fraud which will justify the setting aside of a final judgment by a court of equity must be of such character as prevents a trial of the issues presented to the court for determination. [Citations.] Where the fraud practiced is collateral to and outside of court so that a party is, because of such fraud or concealment, effectively deprived of presenting his case or all of his defense, it is extrinsic and equity will give relief. . . . [T]o constitute extrinsic fraud, there must have been some representation or concealment by the defendant which prevented the plaintiff from having his day in court. . . . These decisions follow the long established principle that the use of forged documents or perjured testimony constitutes intrinsic fraud and cannot be made the basis for an attack upon the judgment by way of relief in equity.””
    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.