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← 82 CALAPP2D 550 - Da Roza v. Farrell

Da Roza v. Farrell’s Empirical Analysis

1947

Citation profile

40
cited by 40 later decisions
2
states following
February 2015
most recently cited

6 federal appellate · 34 state decisions

How this case has been cited

Cited by 40 later decisions — most recently February 2015 · most notably Stores Realty Co. v. City of Cleveland (1975), United States v. Odom (1984)

6 federal appellate · 34 state decisions

13019471950196019701980199020002010decided

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 110 Cal. App. 631 - People v. Duffy · Kay v. Superior Court · 77 Cal. App. 2d 489 - Tennant v. Civil Service Commission · Trigueiro v. Skow · Wickersham v. Wickersham

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

  1. ““ ‘The right to object to the failure to have a witness properly sworn may be waived by failing to object in time or by express consent. . . . Accordingly, it has been held that, in order to prevent waiver of an objection that a witness has not been properly sworn, objection should be made during the trial, or before verdict, or while the defect is capable of being remedied, and cannot be urged as a ground for a new trial.’ “The foregoing rule appears to be reasonable. Otherwise a litigant who is present at a trial and has full knowledge of an inadvertent omission to swear a witness would be enabled to remain silent and speculate on receiving a favorable judgment or verdict, failing which, he might upset the entire proceeding by either a motion for new trial or an objection on that ground for the first time on appeal. The gist of the reason for the foregoing rule is that the court and adverse litigants are entitled to notice of the omission while there is still an opportunity to correct the oversight in the procedure.””
    1 later decision quote this exact passage
  2. “The order of a probate court confirming or refusing to confirm the sale of real property, `for the best interests of the estate,' should be affirmed on appeal if there is substantial evidence to support the order.”
    1 later decision quote this exact passage
  3. “for the `advantage, benefit, and best interests of said estate,' regardless of whether there were funds in the estate sufficient with which to pay all debts and expenses of administration.”
    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.