McIntosh v. MONROE’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] prior judgment is conclusive not only as to matters actually litigated, but also as to issues which could have been litigated in the action. This was stated by the Supreme Court in McIntosh v. Monroe (1953), 232 Ind. 60 , 111 N.E.2d 658, 660 , quoting from Wright v. Anderson (1889), 117 Ind. 349 , 20 N.E. 247 : ‘An adjudication once had between the parties bars and cuts off all future litigation, not only as to what was actually litigated and determined, but as to all matters that might have been litigated and determined in the action. This is the established doctrine of this court from the beginning.’”

   2 later decisions quote this exact passage
   e.g. 176 Ind. App. 581 - Matter of Estate of Apple · De Later v. Hudak

2. ““* * * the trial court was without jurisdiction on January 2nd, 1952, even with the consent of the parties to set aside its action in overruling the motion for new trial on April 3 1951, to reinstate the judgment and again overrule the motion for new trial, and to grant defendant ninety days time within which to perfect his appeal. This action by the trial court is null and void.” (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. 151 Ind. App. 380 - Wadkins v. Thornton

3. “did not affect the judgment rendered or toll the time within which to perfect the appeal.”

   1 later decision quote this exact passage
   e.g. Bailey v. Sullivan