Staples v. Jenkins’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A fact or question which was actually and directly in issue in a former suit, and was there judicially passed upon and determined by a court of competent jurisdiction, is conclusively settled by the judgment therein, so far as concerns the parties to that action, and persons in privity with them, and cannot be again litigated in any future action between such parties or privies, in the same court, or in any other court of concurrent jurisdiction upon the same or a different cause of action. “A final judgment of a court of competent jurisdiction is conclusive between the parties and their privies in a subsequent action involying the same subject-matter, not only as to all matters actually litigaied and determined in the former action, but as to all matters germane to issues, which could or might have been litigated and determined therein.””

   2 later decisions quote this exact passage · from the majority
   e.g. Hine v. Board of Com'rs of McClain County · Amoskeag Savings Bank v. Eppler

2. ““Under the doctrine of estoppel by judgment, a fact, right, or question actually litigated and determined by a court of competent jurisdiction may not again be litigated in subsequent action between the same parties or their privies, even though involving a different cause of action.””

   1 later decision quote this exact passage · from the majority
   e.g. Acord v. West