Smith v. Auld’s Empirical Analysis

Citation profile

1 district · 19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““One rule fully established is, that you may examine the entire record of the prior action in order to determine what was in fact adjudicated. The inquiry is not limited to the mere formal judgment. It extends to the pleadings, the verdict or the findings, and the scope and meaning of the judgment is often interpreted by the pleadings, verdict or findings. Indeed, to determine the matters which were adjudicated, not only may you look to the entire record, but also in many instances you may resort to parol testimony.” (p. 266.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Marble Savings Bank v. Williams · Ingalls Land & Loan Co. v. Cohen

2. ““In conclusion, it maybe laid down as a general proposition, that wherever from the face of the record it affirmatively appears that an order of dismissal was based on matters other than the merits, such order of "dismissal will not be a bar to a future action.””

   1 later decision quote this exact passage · from the majority
   e.g. 7 Kan. App. 717 - Merrill v. Board of County Commissioners