McCarthy v. Kay’s Empirical Analysis
1947
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently May 1977
18 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 Paulos v. Janetakos · Brooks v. Yarbrough · Floersheim v. Board of Commissioners · Huffman v. Knight · Neher v. Armijo
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The defendant quotes that part of the opinion in Floersheim v. Board of County Commissioners, 28 N.M. 330 , 212 P. 451 , to the effect that a judgment between the same parties or their privies operates as a bar to a subsequent action not only on what was litigated, but what might have been litigated. This court has whittled away at the rule stated in the italicized language for years, and finally in Paulos v. Janetakos, 46 N.M. 390 , 129 P.2d 636 , 142 A.L.R. 1237 , assembled the authorities on the point, and held that the prior judgment between the same parties operated as an estoppel only as to questions of fact in issue in the prior case which were essential .to a decision therein and upon the -determination of which the prior judgment was rendered.””
1 later decision quote this exact passagee.g. State v. Johnson
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.