Hardman v. Hardman’s Empirical Analysis

Citation profile

12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`The general rule is that the court's judgment is conclusive and final as to matters and facts which were actually litigated and determined. Not only is everything adjudicated between the parties which the parties chose to litigate, but everything incidental thereto, and which properly could have been litigated with due diligence. ' (Emphasis added.)”

   3 later decisions quote this exact passage · from the majority
   e.g. 10 Kan. App. 2d 521 - Stovall v. Stovall · Hill v. Hill

2. ““This is a change of custody case. Inquiry is always permitted on the issue of custody when the circumstances have changed. However, the facts and circumstances embraced in the issue on which the prior order of custody rested are res judicata. (See Wear v. Wear, 130 Kan. 205 , 285 Pac. 606 .) “The doctrine of res judicata applies to an order awarding custody of a minor in that a court cannot reexamine the facts formerly adjudicated and make a different order thereon. There must be a substantial change of circumstances, presenting a new case, before the court may make a substantial change in the custody order. (White v. White, 160 Kan. 32, 43, 44 , 159 P.2d 461 ; Lyerla v. Lyerla, [ 195 Kan. 259 , Syl. ¶ 3, 403 P.2d 989 (1965)]; 92 A.L.R.2d [Anno: Children — Alternate Custody] p. 736.)” 203 Kan. at 828 .”

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

3. ““An order awarding custody of a minor child is res judicata only as to matters as they existed when the order was made and does not bar later inquiry into the issue of custody where circumstances have changed. “The doctrine of res judicata applies to an order awarding custody of a minor, in that a court cannot reexamine the facts formerly adjudicated and make a different order thereon.” (Syl. ¶[¶[ 1 & 2.)”

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