37 Cal. 2d 79 - Stein v. Simpson’s Empirical Analysis

Citation profile

8 federal appellate · 1 district · 61 state decisions

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

1. ““With respect to the terms which may be imposed upon the party as a condition to his obtaining the relief in accordance with the rule, — that is, the ‘equity’ which he must do, — it is undoubtedly true, as said by Vice-Chancellor Wigram, that the court obtains no authority from this principle to impose any arbitrary conditions not warranted by the settled doctrines of equity jurisprudence; the court cannot deprive a plaintiff of his full equitable rights, under the pretense of awarding to the defendant something to which he has no equitable right, something which equity jurisprudence does not recognize. The principle only requires the plaintiff to do ‘equity.’ According to its true meaning, therefore, the terms imposed upon the plaintiff, as the condition of his obtaining the relief, must consist of awarding or securing to the defendant something to which he is justly entitled by the principles and doctrines of equity, although not perhaps by those of the common law, — something over which he has a distinctively equitable right.””

   1 later decision quote this exact passage
   e.g. King v. Oakley

2. “create substantive rights under the guise of doing equity,”

   1 later decision quote this exact passage
   e.g. Henry v. Dow Chemical Company