Weil v. Barthel’s Empirical Analysis
1955
Citation profile
2 federal appellate · 41 state decisions
How this case has been cited
Cited by 44 later decisions — most recently January 2015 · most notably 67 Cal. 2d 695 - Daar v. Yellow Cab Co. (1967), 67 Cal. 2d 408 - Colberg, Inc. v. State of California Ex Rel. Dept. Pub. Wks. (1967)
2 federal appellate · 41 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 23 Cal. 2d 719 - Maguire v. Hibernia Savings & Loan Society · 21 Cal. 2d 636 - Panos v. Great Western Packing Co. · 27 Cal. 2d 840 - Lord v. Garland · 44 Cal. 2d 715 - Pacific Mutual Life Insurance v. McConnell · Wolfsen v. Hathaway
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice”
2 later decisions quote this exact passage“Thus, it has been pointed out that it is rare that a demurrer is an appropriate pleading for the defendant to file in an action for declaratory relief, it being more appropriate for the defendant to admit the existence of the controversy, and if the defendant feels that the plaintiff has not alleged the facts giving rise to the controversy fully and accurately, or that the contentions between the parties are not properly stated, he should plead such facts and contentions affirmatively as he understands them to be, and seek explicit judicial confirmation of his contentions.”
1 later decision quote this exact passagee.g. Weil v. Barthel“(Emphasis added.) If the court is now going to take a different position it should overrule those cases. However, it will also have to overrule the legislative declaration in section 1962, subdivision 6, of the Code of Civil Procedure. There is an additional reason why the demurrer should not have been sustained and the prior judgment considered. Plaintiff's action was in part for declaratory relief and he stated a controversy between himself and defendants thus presenting a case for such relief.”
1 later decision quote this exact passagee.g. Weil v. Barthel
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.