Public-domain · open source
OpenJurist
← 32 CAL 176 - Marshall v. Shafter

Marshall v. Shafter’s Empirical Analysis

1867

Citation profile

41
cited by 41 later decisions
11
states following
October 1958
most recently cited

3 federal appellate · 1 district · 34 state decisions

How this case has been cited

Cited by 41 later decisions — most recently October 1958 · most notably Hall v. Godchaux (1921), Henley v. Hotaling (1871)

3 federal appellate · 1 district · 34 state decisions — followed in 11 states

1401867187018801890190019101920193019401950decided

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 McMillan v. Richards · Gray v. Dougherty · Hager v. Shindler · Garwood v. Garwood · Caperton v. Schmidt

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

  1. ““It is proper at this point, however, to say that it is settled beyond controversy in this state that the defendant may, under the general denial, give in evidence title in himself, and it follows that the allegation of such title in the answer does not constitute new matter.””
    1 later decision quote this exact passage
  2. ““It is the right to the possession as between the parties that is tried, and that fact, when ascertained, determines how the recovery shall be. This right to the possession is title—‘the means whereby the owner of- lands hath the just possession of his property.’ ””
    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.