Crofton v. Young’s Empirical Analysis

Citation profile

20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the instant case, a single pleading was filed which was denominated 'Answer and Cross-Complaint.' In the first part of the instrument, under the heading 'Answer,' it is alleged that the judgment obtained from the bank is a first lien upon the property, that the judgment has been assigned to Neal, that the judgment-debtor, Thomas N. Crofton, is the owner of the real property, and that the plaintiff and respondent is not and never has been the owner thereof. Following that, under the heading 'Cross-Complaint,' the same facts are alleged more in detail, and it is specifically alleged that the property was transferred by the judgment- debtor to the plaintiff and respondent without consideration and for the purpose of defrauding the judgment-creditor. The allegations of the answer are then adopted by reference as a part of the cross-complaint. There is but one prayer in which 'this answering defendant' prays that the plaintiff take nothing and that 'the defendant' Neal be adjudged to have a first lien upon the property. The answer alleges the ultimate facts while the portion called a cross-complaint goes more into detail in alleging probative facts, and the prayer asks for nothing which could not be given under the answer if it stood alone. Under these circumstances the cross-complaint was unnecessary and the setting aside of the respondent's default for not answering the cross- complaint was proper since its entry by the clerk was unauthorized.”

   1 later decision quote this exact passage
   e.g. 154 Cal. App. 2d 846 - Furnivall v. Groves

2. “Where a cross- complaint is unnecessary in view of the allegations of the answer the clerk has no authority to enter a default. (Brooks v. White, 22 Cal.App. 719 [ 136 P. 500 ].) It was pointed out in that case that in quiet title actions a cross-complaint is usually unnecessary since full relief may be granted the defendant pursuant to his answer. While certain exceptions were noted, it was held that where the issues are fully presented by the complaint and answer further pleading on the part of a plaintiff is not required, and the omission to answer an unnecessary pleading will confer no authority on the clerk to enter a plaintiff's default.”

   1 later decision quote this exact passage
   e.g. 154 Cal. App. 2d 846 - Furnivall v. Groves