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← 32 CAL 260 - Stewart v. Thompson

Stewart v. Thompson’s Empirical Analysis

1867

Citation profile

15
cited by 15 later decisions
5
states following
October 1976
most recently cited

1 district · 13 state decisions

How this case has been cited

Cited by 15 later decisions — most recently October 1976

1 district · 13 state decisions

40186718701880189019001910192019301940195019601970decided

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 Hager v. Shindler

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

  1. “We consider that the limitation of three years does not apply to an action of this character. . . . We so held in effect in Hager v. Schindler, 29 Cal. 60 . The gravamen of the action is that the conveyances of which complaint is made, are clouds upon the title, and for that reason, and that only, their cancellation is asked. The right of the plaintiff to his relief does not depend altogether upon the question whether they are tainted with fraud, but upon the fact that they are clouds. . . . Hence fraud is a false quantity when we come to assign an action of this character to its proper class under the statute of limitations. If fraud exists, it does so merely as a feature in the case, and not as a test of the true nature of the cause of action within the meaning of the statute,”
    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.