Tyrrell v. Baldwin’s Empirical Analysis
1885
Citation profile
2 federal appellate · 31 state decisions
How this case has been cited
Cited by 34 later decisions — most recently May 2017 · most notably Winslow v. Harold G. Ferguson Corp. (1944), 55 Cal. 2d 490 - Collison v. Thomas (1961)
2 federal appellate · 31 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 de McKinlay v. Tuttle · Judson v. Love · McCreery v. Everding · Ewald v. Corbett · Campbell v. Adams
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The voluntary appearance of a defendant is equivalent to personal service of the summons and a copy of the complaint upon him. Appearance before being summoned confers jurisdiction equally with an appearance after being summoned. Under our practice, a person who is not named in tlie complaint, nor served with tlie summons, if he has an interest in the matter of the litigation, may become a party by obtaining leave of the court to file a complaint in intervention. Here the McDonalds, without objection, or opposition, Iiled an answer, in which they denied all the allegations of the complaint, and alleged that they were tlie owners and entitled to the possession, of a certain portion of the demanded premises. They were permitted to do, without opposition and by tacit consent, that which they might have done by leave of court. But why ask leave of the court to do that which nobody objected to their doing? They invoked the judgment of the court upon (he issues raised by tbeir answer to the complaint, and they got it. Can they notv be heard to say that the judgment is a. nullity because they obtruded ihomselves into tlie action? Their answer shows that they might properly have been made parties to it, and the record shows that they availed themselves of all the rights and privileges of which they could have availed themselves if they had been named and sued as defendants in the complaint. As soon as the answer was filed, the complaint, might have been amended by adding the names o”
1 later decision quote this exact passagee.g. Frank v. Wedderin
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.