Fleming v. Cooper’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The doctrine of res judicata as stated in many eases is that an existing final judgment rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions, and facts in issue, as to the parties and their privies, in all other actions in the same or any other judicial tribunal of concurrent jurisdiction. To> adopt the language of the English court in announcing the doctrine in an early case, which has been frequently repeated by the courts, the' judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court.””

   1 later decision quote this exact passage
   e.g. 199 F. Supp. 478 - Charles Keeshin, Inc. v. Farmers & Merchants Bank of Rogers

2. ““We think it is clear that no accord and satisfaction was had here. ‘A discharge of claims by way of accord and satisfaction is dependent upon a contract, express or implied; and it follows that the essentials necessary to valid contracts generally must be present in a contract of accord and satisfaction. Therefore, the following elements are essential: (1) A proper subject-matter, (2) competent parties, (3) an assent or meeting of the minds of the parties, and (4) a consideration.’ 1 Am.Jur., § 5, page 217. “We think that in addition to the absence of meeting of the minds, necessary to support an accord and satisfaction, there were also lacking competent parties.””

   1 later decision quote this exact passage
   e.g. United States Rubber Co. v. Pulliam

3. “‘ ‘ A wife will be concluded by a judgment in an action for or against her husband with respect to any right or interest which she claims through or under him; and so likewise will a husband be concluded by a judgment for or against the wife in respect of a right or interest which he claims through or under her. ’ ’”

   1 later decision quote this exact passage
   e.g. Sisemore v. Neal