45 Cal. 2d 235 - Smith v. Smith’s Empirical Analysis
1955
Citation profile
97 state decisions
How this case has been cited
Cited by 113 later decisions — most recently May 2023 · most notably Owens v. Superior Court (1959), 45 Cal. 3d 1 - Walters v. Weed (1988)
97 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 Milliken v. Meyer · Pennoyer v. Neff · Buxbom v. Smith · De la Montanya v. De la Montanya · Ungemach v. Ungemach
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘Courts and legal writers usually distinguish “domicile” and “residence,” so that “domicile” is the one location with which for legal purposes a person is considered to have the most settled and permanent connection, the place where he intends to remain and to which, whenever he is absent, he has the intention of returning, but which the law may also assign to him constructively; whereas “residence” connotes any factual place of abode of some permanency, more than a mere temporary sojourn. “Domicile” normally is the more comprehensive term, in that it includes both the act of residence and an intention to remain; a person may have only one domicile at a given time, but he may have more than one physical residence separate from his domicile, and at the same time. [Citations.] But statutes do not always make this distinction in the employment of those words. They frequently use “residence” and “resident” in the legal meaning of “domicile” and “domiciliary,” and at other times in the meaning of factual residence or in still other shades of meaning. [Citations.]’ ” (Emphasis in original.) Amezquita, 101 Cal. App. 4th at 1419 , 124 Cal. Rptr. 2d at 889 , quoting Smith v. Smith, 45 Cal. 2d 235, 239 , 288 P.2d 497, 499 (1955).”
3 later decisions quote this exact passage“Where jurisdiction is acquired over a person who is outside of this State by publication of summons in accordance with Sections 412 and 413, the court shall have the power to render a personal judgment against such person only if he was personally served with a copy of the summons and complaint, and was a resident of this State (a) at the time of the commencement of the action, or (b) at the time that the cause of action arose, or (c) at the time of service.”
2 later decisions quote this exact passage“long provided by California law, a person who 'resides out of the state; or has departed from the state; or cannot, after due diligence, be found within the state; or conceals himself to avoid the service of summons' is subject to service by publication (Code Civ. Proc., 412). Under such circumstances, personal service outside the state is declared to be 'equivalent to publication' (Ibid, 413). This statutory language is literally broad enough in its terms to authorize a personal judgment based on the extraterritorial service of process, either through 'publication' or 'personal service' on a defendant without the state. (See 37 Cal. L. Rev. 80 , 84.)”
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.