White v. White’s Empirical Analysis

Citation profile

8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “■ “While parties and their privies are not entitled to re-litigate matters which have been previously adjudicated by a : court of competent jurisdiction, we do not believe the doctrine of res adjudi-cata has any application to the facts of this case. Certainly, the validity of the will of the deceased was not adjudicated in the partition suit and if any attempt had been made to adjudicate such issue in said cause, the same would have been a nullity because the district court did not have original' jurisdiction to determine .such issue. Matters which are expressly and properly excluded under the prior proceedings are not. res adjudicata in subsequent proceedings even between the same parties. American Freehold Land & Mortgage Co. v. Macdonell, 93 Tex. 398 , 55 S.W. 737 ; Moore v. Snowball, 98 Tex. 16 , 81 S.W. 5 , 66 L.R.A. 745 , 107 Am.St.Rep. 596 ; Freeman on Judgments, 5th Ed., § 675, p. 1424, and § 631, p. 1332. And matters which could not be- passed on in the former suit are not res adjudicata .under the judgment.' Teal v. Terrell, 48 Tex. 491 ; Seitz v. McKenzie, 4 Tex.Civ.App. 81 , 22 S.W. 104 ; Freeman on Judgments, 5th Ed., § 638, p. 1343, and § 699, p. 1479.” White v. White, Tex.Civ.App., 149 S.W.2d 1031, 1033 (Writ Ref.). See also Davis v. First National Bank of Waco, 139 Tex. 36 , 161 S.W.2d 467 , 144 A.L.R. 1 .”

   1 later decision quote this exact passage
   e.g. Powers v. Wallis