Burtnett v. King’s Empirical Analysis
1949
Citation profile
8 federal appellate · 164 state decisions
How this case has been cited
Cited by 180 later decisions — most recently December 2020 · most notably 7 Cal. 3d 94 - Barquis v. Merchants Collection Assn. (1972), 5 Cal. 3d 898 - People v. United Bonding Insurance (1971)
8 federal appellate · 164 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 Abelleira v. District Court of Appeal · 20 Cal. 2d 348 - Redlands High School District v. Superior Court · Parker v. Parker · Cohen v. Cohen · Bowman v. Bowman
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 180 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.”
3 later decisions quote this exact passage“The cases of Bowman v. Bowman, 29 Cal.2d 808 [ 178 P.2d 751 , 170 A.L.R. 246 ], Miller v. Superior Court, 9 Cal.2d 733 [ 72 P.2d 868 ], Karlslyst v. Frazier, 213 Cal. 377 [ 2 P.2d 362 ], Parker v. Parker, 203 Cal. 787 [ 266 P. 283 ], and Cohen v. Cohen, 150 Cal. 99 [ 88 P. 267 , 11 Ann.Cas. 520], are not in point for the reason that there, support money or alimony was involved, and it may be conceded that this issue is so germane to the issue of divorce that a defendant must anticipate an award therefor although there is no prayer to that effect.”
2 later decisions quote this exact passage“The doctrine of conclusiveness of judgments applies to a judgment by default with the same validity and force as to a judgment rendered upon a trial of issues, provided such judgment is regular and valid, and shows distinctly on what count or cause of action it was rested. But the confession implied from the default is limited to the material issuable facts which are well pleaded in the declaration or complaint, and does not apply to issues which were not raised in the pleadings. Nor, subject to the rule that the judgment is conclusive as to every fact necessary to uphold it, is a default judgment conclusive, in a subsequent suit on a different cause of action, against any defenses defendant may have, although the same defenses, if pleaded and proved in the former action, would have defeated plaintiffs recovery, because in the absence of a trial and hearing in the first suit, it cannot be said that such matters were adjudicated therein.”
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.