Gunter v. Winders’s Empirical Analysis
1961
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently September 2006 · most notably King v. Grindstaff (1973), Vaca v. Whitaker (1974)
25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Reid v. Holden · Horn v. Indianapolis National Bank · Cannon v. . Cannon · Bunge v. Yager · Jernigan v. . Jernigan
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he general rule, as gathered by the decisions and the text writers, is this: A judgment does not conclude parties to the action who are not adversaries and who do not have opportunity to litigate their differences inter se ... . The theory of the many decisions supporting the general rule is that the judgment merely adjudicates the rights of the plaintiff as against each defendant, and leaves unadjudicated the rights of the defendants among themselves.”
2 later decisions quote this exact passage““A judgment does not conclude parties to the action who are not adversaries and who do not have an opportunity to litigate their differences inter se. * * * Issues and admissibility of evidence are determined by the pleadings. Unless defendants have opportunity to cross-plead, evidence relating exclusively to their differences is inadmissible — result, an insufficient opportunity to be heard.””
1 later decision quote this exact passagee.g. Streater v. Marks““* * * The great weight of authority sustains this view. The substance of the general rule, as gathered by the decisions and the text writers, is this: A judgment does not conclude parties to the action who are not adversaries and who do not have opportunity to litigate their differences inter se * *”
1 later decision quote this exact passagee.g. Kinard v. Polk
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.