Fowler v. Blount’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The first question must be answered in the negative. , The defendant, not being a party in the divorce case, is not bound by that decree. She never had her day in court there. It is of no consequence that she was a witness in that case. She could not have appealed from that decree. She had no control of the case whatever. Detroit Savings Bank v. Truesdail, 38 Mich. 430 ; Young’s Appeal, 52 Mich. 592 ; Axford v. Graham, 57 Mich. 422 ; Love v. Francis, 63 Mich. 181 ( 6 Am. St. Rep. 290 ); Fisher v. Wineman, 125 Mich. 642 (52 L. R. A. 192); City of Detroit v. Railway, 134 Mich. 11 ( 104 Am. St. Rep. 600 ); Bean v. Bean, 163 Mich. 379—396; Bacon v. Walden, 186 Mich. 139 .””

   1 later decision quote this exact passage
   e.g. Bania v. Kashmerick

2. ““To constitute a judgment an estoppel, there must be an identity of parties as well as of the subject matter; that is, it is necessary that the parties as between whom the judgment is claimed to be an estoppel must have been parties to the action in which it was rendered, in the same capacities and in the same antagonistic relation, or else they must be in privity with the parties in such former action.””

   1 later decision quote this exact passage
   e.g. Bania v. Kashmerick