Godschalck v. Weber’s Empirical Analysis

Citation profile

4 federal appellate · 23 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘. . . The plea of res judicata applies not only to the point upon which the court was required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising a reasonable diligence, might have brought forward in time.’ [Quoting from Henderson v. Henderson, 3 Hare, 115.] The principle ‘extends not only to questions of fact and law which were decided in the former suit, but also to the grounds of recovery or defense which might have been but were not presented.’ (Town of Beloit v. Morgan, 7 Wall. 619 .) The language of these decisions has been quoted as announcing the true doctrine in Litch v. Clinch, 136 Ill. 410 , and Harmon v. Auditor of Public Accounts, 123 Ill. 122 .””

   2 later decisions quote this exact passage · from the majority
   e.g. 24 Ill. App. 2d 216 - Howard T. Fisher & Associates, Inc. v. Shinner Realty Co. · 9 Ill. App. 3d 1041 - Bernhardt v. Fritzshall

2. ““ ‘When the complainant before presented his cause of action before the court he should have brought forward and urged all the reasons which then existed for. the support of it. The controversy cannot be re-opened to hear an additional reason which before existed and was within the knowledge of the party, in support of the same cause of action.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. 43 Ill. App. 3d 413 - Bland v. Lowery