Silva v. Superior Court’s Empirical Analysis
1948
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently May 2006
18 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 Saunders v. Simms · 133 Cal. App. 525 - Faias v. Superior Court · In Re Estate of Bell · Scholle v. Finnell · 40 Cal. App. 2d 417 - Liuzza v. Bell
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The judgment upon which the claim of George G. Prytz was presented to the estate and approved was not outlawed. The judgment was rendered against Manuel Silva June 3, 1940. He died intestate two years thereafter, on July 4, 1942. No administrator of his estate was appointed until November 12, 1946. Since the statute of limitations had not barred an action on the judgment prior to the death of Manuel Silva, the time to commence suit was extended by his death for one year after letters of administration were issued in his estate. (Code Civ. Proc., § 353; Schwartz v. Edmunds, 20 Cal.App.2d 530 [ 67 P.2d 351 ]; Pacific Gas & Elec. Co. v. Elks Duck Club, 39 Cal.App.2d 562 [ 103 P.2d 1030 ] ; Casey v. Gibbons, 136 Cal. 368, 372 [ 68 P. 1032 ]; In re Bullard, 116 Cal. 355 [ 48 P. 219 ]; Hibernia Savings & Loan Society v. Herbert, 53 Cal. 375 ; 11b Cal.Jur. 359, § 940.) ””
2 later decisions quote this exact passage““If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced against his representatives, after the expiration of that time, and within one year after the issuing of letters testamentary or of administration. ’ ’”
2 later decisions quote this exact passage“an enabling act authorizing the executor or administrator to sue under the specified circumstances. The representative of the estate may elect to bring the suit under proper circumstances, and when requested to do so by the creditor, who has made provision for the costs of litigation, it is his imperative duty to prosecute the action. [Citation.] The application of the preceding quoted section depends upon the existence of a defrauded creditor of the deceased, and the insufficiency of the assets of the estate to meet the demands. [Citation.]”
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.