4 Cal. 2d 711 - Spier v. Lang’s Empirical Analysis
1935
Citation profile
10 federal appellate · 115 state decisions
How this case has been cited
Cited by 133 later decisions — most recently March 2018 · most notably 69 Cal. 2d 850 - Connor v. Great Western Savings & Loan Ass'n (1968), Nelson v. Abraham (1947)
10 federal appellate · 115 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 Martin v. Peyton · Coward v. Clanton · 134 Cal. App. 173 - De Arman v. Connelly · 121 Cal. App. 523 - Holland v. Superior Court · 128 Cal. App. 687 - Moore v. Levy
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 133 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The language of [the relevant statute] indicates that, so long as the court “passes” on the motion within the sixty-day period, it has lawfully exercised its jurisdiction to determine the motion, and the filing of the formal order or findings and judgment “thereafter,” when the time of filing is subsequent to the last day of the sixty-day period, does not amount to a denial of the motion by operation of law.”
2 later decisions quote this exact passage““The defendants did not participate in the conduct or management of the business of drilling the wells. . . . The court could fairly conclude from the evidence that none of the defendants was ever on the ground for any such purpose and that the plaintiff did not deliver materials on the faith of the defendants’ personal credit. The question whether a partnership or the relation of joint adventurers was created was primarily a question for the trial court to determine from the facts and the inferences to be drawn therefrom. . . . “The main reliance of the plaintiffs is on the provision of the contract that the defendants were to share in a division of the profits. But this feature of the agreement has long been held not to require a conclusion that a partnership relation existed where also there was no joint participation in the management and control of the business, and the proposed profit-sharing was contemplated only as compensation or interest for the use of the money advanced.” (Citing authorities.)”
1 later decision quote this exact passage“In ruling on such motion, in a cause tried without a jury, the court may, on such terms as may be just, change or add to the findings, modify the judgment, in whole or in part, vacate the judgment, in whole or in part, and grant a new trial on all or part of the issues, or, in lieu of granting a new trial, may vacate and set aside the findings and judgment and reopen the case for further proceedings and the introduction of additional evidence with the same effect as if the case had been reopened after the submission thereof and before findings had been filed or judgment rendered. Any judgment thereafter entered shall be subject to the provisions of sections 657 and 659 [motions for new trial] of this code.”
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.