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← 96 CAL 21 - Locke v. Moulton

Locke v. Moulton’s Empirical Analysis

1892

Citation profile

25
cited by 25 later decisions
3
states following
May 1974
most recently cited

2 federal appellate · 1 district · 22 state decisions

How this case has been cited

Cited by 25 later decisions — most recently May 1974 · most notably 39 Cal. App. 3d 475 - Aguilar v. Bocci (1974), 41 Cal. App. 158 - Chapman v. Hicks (1919)

2 federal appellate · 1 district · 22 state decisions

70189219001910192019301940195019601970decided

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 Husheon v. Husheon · Smith v. Smith · O'Connell v. Main & Tenth Streets Hotel Co. · Bauder v. Tyrrel · Sawyer v. Sargent

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

  1. ““In Bauder v. Tyrrel, 59 Cal. 99 , it was held that it was not necessary for the notice of intention to move for a new trial to contain in terms a notice of intention to move that the decision should be vacated; that the order granting a new trial does of itself vacate the decision. “This case was cited and followed in Heinlen v. Heilbron, 71 Cal. 557 [ 12 Pac. 673 ], in which the notice was, that defendants would ‘make and submit to said court above named a motion for a new trial of said cause’, designating the grounds of the motion. If, therefore, as was held in Bauder v. Tyrrel, 59 Cal. 99 , it was not necessary that the notice in terms included the vacation of the decision, the notice in the case at bar is sufficient, and that part of the notice referring to the vacation of the judgment may be treated as surplusage; for if that part of the notice were stricken out, it would leave the notice precisely within the case of Heinlen v. Heilbron, 71 Cal. 557 [ 12 Pac. 673 ].””
    1 later decision quote this exact passage
  2. ““It was defendant Moulton’s duty to have listed his land subject to the mortgage, while it was equally the duty of the plaintiff to have returned his mortgage security for taxation, and Mr. Moulton would have been liable only for the tax upon any excess of the assessed value of the land over the amount of the mortgage.””
    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.