Webb v. . Buckelew’s Empirical Analysis

Citation profile

1 district · 44 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Thus, where the litigation has ended in a discontinuance or a nonsuit, so that an actual decision on the merits has not been reached, or where a verdict of a jury or the finding of a judge or referee has not passed into a judgment, and so become absolutely fixed and final, the proceedings have no conclusive character, and cannot operate as a bar. [Citing cases.] It is therefore only a final judgment upon the merits which prevents further contest upon the same issue, and becomes evidence in another action between the same parties or their privies. Until final judgment is reached, the proceedings are subject to change and modification; are imperfect and inchoate, and can avail nothing as a bar or as evidence until the judgment, with its verity as a record, settles finally and conclusively the questions at issue. An interlocutory order is not such a judgment. It is not a judgment at all.” ♦”

   1 later decision quote this exact passage
   e.g. Buttling v. Hatton