Henry v. Woods’s Empirical Analysis

Citation profile

1 federal appellate · 20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The fundamental rule on this subject is, that a matter once adjudicated, by a court of competent jurisdiction, may be invoked as an estoppel in any collateral suit, in any court of law or equity, or in admiralty, when the same parties or their privies, or one of the parties and the privy or privies of. the other allege anything contradictory to it. And those who assume a right to control or actively participate in the trial or its management, though not formal parties,-will be concluded. Stoddard v. Thompson, 31 Iowa 80 ; Strong v. Phoenix Ins. Co., 62 Mo. 289 ; Wood v. Ensel, 63 Mo. 193. The action, however, must be between the same parties as those in the former suit or their privies. Parties are “all persons having a right to control the proceedings, to make defense, to adduce or examine witnesses, and to appeal from the decision, if an appeal lies.” 1 Greenleaf Ev., 535. Privies are those who have mutual or successive relationship to the same right of property or subject matter such as “personal representatives, heirs, devisees, legatees, assignees, voluntary grantees, or .judgment creditors or purchasers from them with notice of the facts.” Greenleaf Ev. 189; Story Eq., 165; Haley v. Bagley, 37 Mo. 364 .””

   1 later decision quote this exact passage
   e.g. 203 Mo. App. 445 - Koch v. City of Weston