7 Cal. 2d 671 - Thomson v. Thomson’s Empirical Analysis
1936
Citation profile
2 federal appellate · 2 district · 52 state decisions
How this case has been cited
Cited by 56 later decisions — most recently November 2008 · most notably 19 Cal. 2d 755 - DeGarmo v. Goldman (1942), 74 Cal. App. 2d 312 - Peterson v. Peterson (1946)
2 federal appellate · 2 district · 52 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 Moore v. Copp · Curtis v. Sutter · Angus v. Craven · Donahue v. Meister · Merced Mining Co. v. Fremont
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ (1) In a simple action to quiet title when the possession of the property is not involved, it is an equitable action. “(2) When the right of possession is involved, the nature of the action, that is whether it is cognizable in an action at law, or in a court of equity, depends upon the following facts and circumstances. “ (a) If plaintiff is in possession and no claim is made that he has ousted the defendant of possession, the action is equitable and triable by the court without a jury. “(b) If plaintiff is in possession and defendant by answer or complaint avers that he was recently ousted of possession of the property involved, the action is in reality one at law, and the parties thereto are entitled to a jury trial. “(c) If the plaintiff is out of possession and seeks by an action to quiet title to recover possession, the action is triable in a court of law. “(d) If plaintiff is in possession, and the defendant . . . seeks to eject the plaintiff and recover possession, the action involves both equitable and legal issues. ... In such an action the plaintiff is entitled to have the equitable issues tried by the court without a jury, and the defendant is entitled to have the legal issues submitted to a jury. ’ ’”
1 later decision quote this exact passage
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.