O'BRIEN v. Hessman’s Empirical Analysis
1962
Citation profile
4 state decisions
How this case has been cited
Cited by 10 later decisions — most recently February 2005
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Docter v. Furch · Rahr v. Wittmann · Ellis v. Northern Pacific Railroad · Angers v. Sabatinelli · Taylor v. Matteson
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.
““Generally, a prior adjudication is a bar to a subsequent action involving the same parties and the same cause of action. This is the doctrine of res judicata. See Will of Nunnemacher (1939), 230 Wis. 93 , 283 N. W. 326, and Rahr v. Wittmann (1911), 147 Wis. 195 , 132 N. W. 1107 . See also Restatement, Judgments, p. 191, sec. 48, and Charles, Res Ad judicata and Estoppel by Judgment, 32 Wisconsin Bar Bulletin, 16 (June, 1959). “The issue here is the conclusiveness of the judgment on the merits entered subsequent to the demurrer. The Restatement, Judgments, p. 197, sec. 50, states the general rule: “ ‘Where a valid and final personal judgment in favor of the defendant is rendered on the ground that the complaint is insufficient in law, the judgment is conclusive as to the matters determined, and if the judgment is on the merits the plaintiff cannot thereafter maintain an action on the original cause of action.’ “Wisconsin is in accord with this general rule. See Lewko v. Chas. A. Krause Milling Co. (1935), 219 Wis. 6 , 261 N. W. 672 ; Hooper v. Oshkosh (1927), 192 Wis. 523 , 213 N. W. 285 ; Ellis v. Northern Pacific R. Co. (1891), 80 Wis. 459 , 50 N. W. 397 . See also Anno. 13 A. L. R. 1104, supplemented in 106 A. L. R. 437. “However, the appellant argues that if the demurrer does not go to the merits then the subsequent judgment of dismissal is not res judicata. See Lewko v. Chas. A. Krause Milling Co., supra; Taylor v. Matteson (1893), 86 Wis. 113 , 56 N. W. 829 ; Docter v. ”
2 later decisions quote this exact passage
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.