26 Ill. 2d 434 - Smith v. Bishop’s Empirical Analysis
1962
Citation profile
3 federal appellate · 60 state decisions
How this case has been cited
Cited by 72 later decisions — most recently March 2007 · most notably 88 Ill. 2d 444 - Murphy v. Urso (1981), 151 Ill. 2d 285 - People Ex Rel. Burris v. Progressive Land Developers, Inc. (1992)
3 federal appellate · 60 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 Hansberry v. Lee · Chicago Ry Co v. Schendel Same · Hoffman v. Hoffman · Wilcox v. Bierd · Hale v. Hale
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Privity is a word which expresses the idea that as to certain matters and in certain circumstances persons who are not parties to an action but who are connected with it in their interests are affected by the judgment with reference to interests involved in the action, as if they were parties. The word ‘privy’ includes those who control an action although not parties to it * ” *; those whose interests are represented by a party to the action 0 * *; successors in interest to those having derivative claims ° ° (Restatement of Judgments §83, Comment a (1942).) Smith v. Bishop, 26 Ill. 2d 434, 440 , 187 N.E.2d 217 (Schaefer, J., dissenting); Upper Lakes Shipping Ltd. v. Seafarers’ International Union, 40 Ill. App. 2d 392, 401 , 189 N.E.2d 753 .”
2 later decisions quote this exact passage · from the dissent““Where a former adjudication is relied upon as an absolute bar, there must be, as between the actions, identity of parties, of subject matter and of cause of action. When the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted upon the determination of which the finding or verdict was rendered. Where some controlling fact or question material to the determination of both causes had been adjudicated in the former suit by a court of competent jurisdiction and the same fact or question is again at issue between the same parties, its adjudication in the first cause will, if properly presented, be conclusive of the same question * * * whether the cause of action is the same in both suits or not. This is sometimes denominated as an estoppel by verdict.””
1 later decision quote this exact passage · from the majority
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.