Salazar v. Murphy’s Empirical Analysis

Citation profile

24 state decisions

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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The difference between the situation there and here should be evident. Here, the third-party defendant did not answer or put in issue any of the allegations of plaintiff’s complaint; the case was not tried and proof made between the parties ; the prior action was dismissed upon failure of plaintiff to appear for trial. Under no possible theory could the provision of Rule 15(b), F.R.C.P., which provides for amendment to conform to evidence when issues not raised by pleadings are tried by express or implied consent, be applicable. This was the foundation of the decision of the Falls casej supra, and differs Materially from the situation here present. There, the trial had been had on the merits— here, it has not. There, although by the pleadings no relief had been sought by plaintiff against third-party defendant, inasmuch as all evidence had been presented without objection, and a judgment against third-party defendant was indicated, the pleadings were considered amended to conform with the proof. This situation does not subsist here. “It is not necessary for us to decide if in the instant case, since diversity was present between plaintiff and third-party defendant in the federal court, upon trial of the merits, all issues arising out of the claim would have been res judicata or -estopped by judgment, because no claim was asserted by plaintiff against third-party, defendant, and any issues present between them were not litigated. If they had been, the Falls Industries case, s”

   1 later decision quote this exact passage
   e.g. Rio Grande Gas Company v. Stahmann Farms, Inc.

2. ““ * * * when a second action ' Is brought between the same parties' on á different cause of' action, a plea of "res judicata will stand only as to questions of fact in 'issue in the first case which were essential to and entered into the determination of that case. * * * ” ' ■”

   1 later decision quote this exact passage
   e.g. Curtis Manufacturing Company v. Barela