Willard v. Ostrander’s Empirical Analysis
1893
Citation profile
2 federal appellate · 1 district · 16 state decisions
How this case has been cited
Cited by 20 later decisions — most recently September 2018
2 federal appellate · 1 district · 16 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 Parkhurst v. . Berdell · Bank of North America v. Wheeler · Nill v. Comparet · Scheible v. Slagle · Faber v. Hovey
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.
““We are unable to find any language used by the legislature which seems to us to imply that a stay of execution has any other force or effect on the judgment than simply to prevent its enforcement by execution. On the contrary, as a determination of the rights of the parties, it remains in full force pending the proceedings here. It is apparent that this construction of the law may work great hardship in some cases. The trial courts, however, have ample power, when it is apparent that injustice may be done, to grant continuances until a case pending in this court, sought to be used as a bar or estoppel, is determined, and it would seem to us, where an appeal to this court has been taken in good faith, and a sufficient bond to stay execution has been given, that if the introduction of a judgment in another case would have the effect, as in the case now before us, to permit the party holding the judgment, through the medium of another action, to collect that judgment, that the trial court should always, on the proper showing being made, continue the trial until after the case pending here is determined. Only in this way can full justice be done.” ( 51 Kan. 489 .)”
2 later decisions quote this exact passage · from the majority““An appeal from a decree does not destroy its operation as a former adjudication. It does not vacate the •decree, but simply suspends its execution. It leaves the decree in full force as a merger of the cause of action and a bar to further litigation.” (Syl. ¶ 3.)”
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.