Cackley v. Smith’s Empirical Analysis
1892
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently August 1980
7 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 Freeman v. Alderson · Durant v. . Abendroth · Wixom v. Stephens · Gross v. Bunn
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘But in order that the principle of merger may apply, it is necessary that the identical cause of action should, have passed into judgment, in a litigation between the same parties or their privies, and that the plaintiff should have had a full and complete opportunity to recover his whole demand. In a case in Arkansas, it was held that a judgment against a steamboat — that being a judgment in rem and not enforceable against the property of the owners— if unsatisfied, could not be pleaded as a bar to a subsequent action against the owners of the boat on the same contract. In reaching this conclusion, the court said it was evident that a judgment against the vessel was not even substantially a judgment against the owners, and consequently that the former recovery relied on was no bar to the present action.’ (Toby v. Brown, 11 Ark. 308 ; Freeman Judgm., §606.)” (p. 645.)”
1 later decision quote this exact passagee.g. Houdek v. Brick
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.