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← 81 F.2d 431 - Moffett v. Robbins

Moffett v. Robbins’s Empirical Analysis

81 F.2d 431 · 1936

Citation profile

20
cited by 20 later decisions
2
states following
May 1975
most recently cited

10 federal appellate · 2 district · 3 state decisions

How this case has been cited

Cited by 20 later decisions — most recently May 1975

10 federal appellate · 2 district · 3 state decisions

10019361940195019601970decided

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 United States v. Throckmorton · Tait v. Western Maryland Railway Co. · Toledo Scale Co. v. Computing Scale Co. · Simon v. Southern Railway Co. · Wells Fargo & Co. v. Taylor

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

  1. ““It is well settled that a final judgment rendered by a court having jurisdiction of the subject-matter and parties is conclusive upon the parties and those in privity with them in a subsequent action upon the same cause of action as to all matters in fact actually litigated or which might have been litigated therein; and such a judgment operates as an estoppel between the same parties in a subsequent proceeding upon a different cause of action only with respect to the matters actually litigated and adjudicated. That ancient rule applies even though the judgment may have been erroneous in fact or law, or both. [Cases cited] . It is equally well settled by the decisions of this court and others that a United States court cannot vacate a judgment or decree of a state court, nor mandate that court to do so. Folk v. Monsell, 10 Cir., 71 F.2d 816 . It may, however, restrain a successful litigant from enjoying the fruits of a judgment fraudulently obtained in a state court if the requisite elements of federal and equity jurisdiction exist. In doing so the court does not act in review of the judgment, nor is it concerned with ■irregularities occurring in the proceedings in the state court. It considers the conduct of the successful party there and if it is found that he committed fraud in securing the judgment, he is preven tea from enjoying its benefits. The restraint acts upon the party and does not affect the judgment. [Cases cited]. But such relief will be granted only upon frau”
    3 later decisions quote this exact passage · from the majority

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.