43 Cal. App. 425 - Williams v. Reed’s Empirical Analysis

Citation profile

24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Thus, we see that a very sharp and decided conflict as to the questions presented was present. Under these conditions, we are powerless to interfere with the conclusion of the trial court herein. The rule is, as it has been so frequently stated, both by the Supreme Court as well as by this court, that ‘in the consideration of an appeal from an order made upon affidavits, etc., involving the decision of a question of fact, this court is bound by the same rule that controls it where oral testimony is presented for review. If there is any conflict in the affidavits, those in favor of the prevailing party must be taken as true, and the facts stated therein must be taken as established.’ (Doak v. Bruson, 152 Cal. 17 [ 91 Pac. 101 ]; Hyde v. Boyle, 105 Cal. 102 [ 38 Pac. 643 ]; Bernou v. Bernou, 15 Cal. App. 341 [ 114 Pac. 1000 ].) Under these circumstances, it is immaterial whether or not there was an affidavit of merits which complied with the legal requirements.””

   1 later decision quote this exact passage
   e.g. 136 Cal. App. 411 - Zuver v. General Development Co.