96 Cal. App. 558 - Julien v. West’s Empirical Analysis

Citation profile

3 state decisions

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

1. ““The determination of the appeal needs no extended statement of fact or lengthy opinion. Appellant in his complaint alleges that in divers and various ways his own attorneys in such trial purposely and for their own advantage so conducted the case as to lose it, and that by reason of such corrupt practices there was no ‘ adversary trial, ’ and that thereafter they advised him in such manner as to deprive him of his right of motion for new trial and appeal. There is no allegation connecting the plaintiff in the municipal court or his attorneys with his corrupt conduct. Appellant (plaintiff in the superior court) also alleges in the complaint that a writing, a principal item of evidence, and introduced by the plaintiff at the municipal court trial, was a forgery, and that appellant did not ascertain that fact until after the trial. Here again is presented the old subject of extrinsic fraud. Upon the reasoning and authority of Pico v. Cohn, 91 Cal. 129 [ 25 Am. St. Rep. 159 , 13 L. R. A. 336, 27 P. 537 ], and United States v. Throckmorton, 98 U. S. 61 [ 25 L.Ed. 93 ], the two beacon lights on this subject, we find no extrinsic fraud alleged in the complaint. Therefore, there was no cause of action stated, and as the allegations are full and purport to relate the whole of and all of plaintiff’s cause of complaint, the ruling of the trial court and the judgment entered thereupon were proper. ’’”

   1 later decision quote this exact passage
   e.g. 197 Cal. App. 2d 517 - Preston v. Wyoming Pacific Oil Co.