54 Wis. 2d 738 - Keller v. Schuster’s Empirical Analysis
1972
Citation profile
10 state decisions
Relationships
Relies on 43 Wis. 2d 335 - Lukaszewicz v. Concrete Research, Inc. · 40 Wis. 2d 627 - Zimmer v. Daun · 46 Wis. 2d 291 - Amery Motor Co. v. Corey · 45 Wis. 2d 95 - Komorowski v. Kozicki · 46 Wis. 2d 677 - Kretchman v. Reid
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is the general rule that, for a judgment to operate as res judicata and be conclusive evidence of a fact sought to be established by it, ‘. . . it must appear that the fact was a material or essential one, and that the judgment could not have been rendered without deciding the matter. . . .’ In following and applying this rule, this court has held ‘. . . a finding in a former case does not create an estoppel if the fact found did not necessarily determine that case. The judgment must rest upon the fact found or the fact is open to relitigation. . . .’ ””
1 later decision quote this exact passage
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.