Wells v. Davis’s Empirical Analysis

Citation profile

12 district · 18 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Hutchinson Nat'l Bank & Trust Co. v. English, 209 Kan. 127, 130 , 495 P.2d 1011 (1972), we stated: ‘The salutary rule of res judicata forbids a suitor to twice litigate a claim for relief against the same party. The rule is binding, not only as to every question actually presented, considered and decided but also to every question which might have been presented and decided. [Citations omitted.] In Kansas the rule of res judicata is not binding and does not apply to a different claim for relief even though it may be between the same parties. [Citations omitted.] However, when a different claim for relief is filed between the same parties a collateral estoppel may be invoked as to questions and issues shown to have been actually decided in the prior action. [Citations omitted.]’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Waechter v. Amoco Production Co.

2. ““(O)ne who, after rendition of the judgment, has acquired an interest in the subject matter affected by the judgment through or under one of the parties, as by inheritance, succession, or purchase.” Bernhard v. Bank of America, 19 Cal.2d 807, 811 , 122 P.2d 892, 894 (1942). See also Goetz v. Board of Trustees, 203 Kan. 340 , 454 P.2d 481 (1969).”

   1 later decision quote this exact passage · from the majority
   e.g. 661 F. Supp. 2d 1219 - Snyder v. American Kennel Club