110 Cal. App. 310 - Kettelle v. Kettelle’s Empirical Analysis

Citation profile

7 federal appellate · 24 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . • - As stated in the case cited [Brown v. Brown, 170 Cal. 1 [ 147 Pac. 1168 ], ‘the general rule that a judgment is conclusive not only as to that which is actually determined, but also as to every other matter which the parties might have litigated in the action, is not always applicable literally’; and does not apply to new rights acquired pending the action which might have been, but which were not, required to be litigated. (Brown v. Brown, supra; Metropolis etc. Sav. Bank v. Barnet, 165 Cal. 449 [ 132 Pac. 833 ].) As provided by the code, that only is deemed to have been adjudged in a former judgment which appears on its face to have been so adjudged, or which waá actually and necessarily included therein or necessary thereto (Code Civ. Proc., sec. 1911).””

   1 later decision quote this exact passage
   e.g. 16 Cal. App. 2d 726 - People v. Hickey