51 Cal. App. 106 - Bare v. Parker’s Empirical Analysis

Citation profile

3 federal appellate · 16 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Counsel for intervener complains that the court ignored the oral stipulation of himself and counsel for plaintiff and made a finding contrary thereto. Nearing the close of trial counsel for intervener proposed several stipulations that were assented to by counsel for plaintiff. One was that ‘the property which stood in the name of Charles B. Bare and Jennie Bare, was at the date of the deeds, and thereafter, held by them as tenants in common. ’ Undoubtedly assent was unwittingly given to this stipulation. It negatives the theory of plaintiff’s case and would have stipulated him out of court. The trial court appreciated the situation and properly refused to permit an inadvertence or want of attention on the part of counsel to work what he conceived to be an injustice. ‘A trial court does not sit as a mere referee in a_ contest of wits between counsel in the case, but that it is not only within his province, but is his duty, to see that as nearly as possible the issues shall be disposed of on their merits. . . . ’ (Farrar v. Farrar, 41 Cal.App. 452 [ 182 P. 989 ].)””

   3 later decisions quote this exact passage
   e.g. Brown v. Superior Court · 22 Cal. App. 2d 92 - Price v. McComish