Wintersteen v. Benning’s Empirical Analysis
1994
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently November 2017
6 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 Raschke v. DeGraff · Melbourn v. Benham · Aetna Life Insurance Co. v. McElvain · Moe v. Moe · Hogg v. First National Bank of Aberdeen
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Res judicata bars an attempt to relitigate a prior determined cause of action by the parties or one of the parties in privity to a party in -the earlier suit. Du-Al Mfg. Co. v. Sioux Falls Const. Co., 487 N.W.2d 29 (S.D.1992); Melbourn v. Benham, 292 N.W.2d 335 (S.D.1980). This Court applies four factors in determining if this doctrine applies: (1) was the issue decided in the former adjudication identical'to the present issue; (2) was there a final judgment on the merits; (3) are the parties in the two actions the same or in privity; and (4) was there a full and fair opportunity to litigate the issues in the prior adjudication? Moe v. Moe, 496 N.W.2d 593, 595 (S.D.1993); Raschke v. DeGraff, 81 S.D. 291, 295 , 134 N.W.2d 294, 296 (1965).”
2 later decisions quote this exact passagee.g. Dg v. Dmk · D. G. v. D. M. K.“); Joseph E. Edwards, Annotation, Waiver of by Failing to Promptly Raise, Objection to Splitting Cause of Action, 40 A.L.R.3d 108 , 111 (1971) (stating that”
1 later decision quote this exact passagee.g. Risse v. Meeks“[i]t is generally recognized that the rule against splitting a cause of action is primarily for the benefit of the defendant....”
1 later decision quote this exact passagee.g. Risse v. Meeks
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.