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← 148 KAN 843 - McNergney v. Harrison

McNergney v. Harrison’s Empirical Analysis

1938

Citation profile

2
cited by 2 later decisions
1
states following
November 1947
most recently cited

2 state decisions

Relationships

Relies on Bleakley v. Barclay · Electric Plaster Co. v. Blue Rapids City Township · Huls ex rel. Bork v. Lumber · Potts v. West · Littlefield v. Paynter

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

  1. ““The doctrine of res judicata does not rest upon the fact that a particular proposition has been affirmed and denied in the pleadings, but upon the fact that it has been fully and fairly investigated and tried' — that the parties have had an adequate opportunity to say and prove all that they can in relation to it, . . .” (p. 936.)”
    1 later decision quote this exact passage · from the majority
  2. “. “Upon a plea of former adjudication a matter will be held res judicata, although not raised as an issue by the pleadings in the former action, if from the record it appears that it formed one of the premises upon which the judgment necessarily rested.” (Syl. ¶[ 2.)”
    1 later decision quote this exact passage · from the majority

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.