43 Mich. App. 666 - Sahn v. Brisson’s Empirical Analysis

Citation profile

2 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A question has not been actually litigated until put in issue by the pleadings, submitted to the trier of fact for a determination, and thereafter determined. Talcott, Inc. v. Allahabad Bank, Ltd., 444 F.2d 451 (CA 5, 1971). In the prior Delta County suit, the question of whether the repairs to the bulldozer were authorized by the defendant herein was put in issue by the pleadings. The trial court in that case had competent testimony before it upon which to grant a default judgment. The court, based upon the testimony and exhibits presented, determined all of the issues posed by the pleadings. Thus the issues presented by the plaintiffs complaint (defendant herein) were actually litigated and we so hold. Moreover, the entry of a default judgment is equivalent to an admission by the defaulting party to all of the matters well pleaded. Lesisko v. Stafford, 293 Mich. 479 [ 292 N.W. 376 ] (1940); 7 Callaghan’s Michigan Pleading & Practice (2d ed.), § 44.06, p. 26. 43 Mich.App. at 670-71 , 204 N.W.2d 692 .”

   1 later decision quote this exact passage
   e.g. Bend v. Eadie (In Re Eadie)

2. “the time for presenting a counterclaim is not always within a defendant's option,”

   1 later decision quote this exact passage
   e.g. Gates Learjet Corporation v. Duncan Aviation