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← 65 CALAPP2D 170 - Murdock v. Gerth

Murdock v. Gerth’s Empirical Analysis

1944

Citation profile

61
cited by 61 later decisions
3
states following
January 2018
most recently cited

57 state decisions

How this case has been cited

Cited by 61 later decisions — most recently January 2018 · most notably 31 Cal. 3d 637 - In Re Marriage of Flaherty (1982), 47 Cal. 3d 863 - Sheldon Appel Co. v. Albert & Oliker (1989)

57 state decisions

18019441950196019701980199020002010decided

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 Johnson v. Southern Pacific Co.

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

  1. “in determining whether a proceeding alleged to have been maliciously prosecuted has been terminated in favor of the party injured by such proceeding, consideration should be given to the judgment as a whole. To hold otherwise would defeat the purpose of the rule which seeks to prevent collateral attack upon judgments of duly constituted courts. Hence, the decree or judgment itself in the former action is the criterion by which to determine who was the successful party in such proceeding.”
    2 later decisions quote this exact passage
    e.g. Lane v. Bell · 8 Cal. 4th 666 - Crowley v. Katleman
  2. “If the issue which the attorney is called upon to decide is fairly debatable, then under his oath of office, he is not only authorized but obligated to present and urge his client's claim upon the court.”
    1 later decision quote this exact passage
    e.g. 31 Cal. 3d 637 - In Re Marriage of Flaherty
  3. “[t]rue [the recovery] was only a small part of the amount sued for,”
    1 later decision quote this exact passage
    e.g. Lane v. Bell

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.