Gustafson v. Gustafson’s Empirical Analysis
1929
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently December 2001
21 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 Cromwell v. County of Sac · Bigelow v. Old Dominion Copper Mining & Smelting Co. · Watts v. Watts · Thompson v. Myrick · Wisconsin v. Torinus
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““That rule must be applied with accurate understanding of what is included in the phrase, ‘every matter which might have been properly litigated’ in the former action. It is of course inclusive of every element of the cause of action and defense. A negative judgment, one against the plaintiff, ‘determines all the right of the parties upon it’ although it was but partially presented. It bars ‘new grounds for relief’ upon the same cause of action which were not presented in the first case. Olson v. Shephard, 172 Minn. 290, 292 , 215 N. W. 211 . In the same fashion, an affirmative decree, establishing and merging the cause of action, is a negation of all purely defensive matter. Thompson v. Myrick, 24 Minn. 4 . For example, a judgment for the creditor on a promissory note or other demand is conclusive against a claim of fraud, payment, or absence of consideration, which may be made subsequently by the debtor in a later action between the two even though not put in issue in the first case. But not so against any claim not asserted in the first action and which if interposed would have been not only a defense therein but also an independent cause of action in favor of the claimant.””
1 later decision quote this exact passage““While a decree of separation may by its terms be 'forever/ it is subject to termination by consent of the parties and the aid of the court. It suspends but does not destroy the marriage status. By vacation of the decree, as provided by statute " * * tbe matrimonial status is restored in all its original scope.””
1 later decision quote this exact passagee.g. Bakula v. Bakula
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.