Winters v. Bisaillon’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘It is settled law in this state, as elsewhere, that a judgment or decree rendered upon the merits is a final and conclusive determination of the rights of the parties, and a bar to a subsequent proceeding between them upon the same claim or cause of suit, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and had decided as incident to or essentially connected therewith, either as a matter of claim or defense (citing eases) but that when the action is upon a different claim or demand the former judgment can only operate as a bar or an estoppel us against matters actually litigated or questions directly in issue in the former action (citing cases). This distinction should always he kept in mind in considering the effect of a former judgment or decree. If the second action or defense is upon the same claim or demand the former judgment is a bar not only as to matters actually determined, bid such as could have been litigated; but, if it is upon another claim or demand, the former judgment is not a bar, except as to questions actually determined or directly in issue.’ ” (Emphasis ours.)”

   1 later decision quote this exact passage
   e.g. Evans v. Davidson