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← 84 KAN 619 - Austin v. Ballard

Austin v. Ballard’s Empirical Analysis

1911

Citation profile

2
cited by 2 later decisions
1
states following
March 1935
most recently cited

2 state decisions

Relationships

Relies on Manley v. Park · Shields v. Miller · Board of Commissioners v. Welch · Hentig v. Redden · Jackson ex dem. Martin v. Pratt

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

  1. ““It is true that the plaintiff was not estopped by the judgment in his first action from asserting an independent title acquired afterward (Comm’rs of Marion Co. v. Welch, 40 Kan. 767 ), but it prevented him from thereafter asserting a claim of title which he held while the action was pending and prior to the judgment. . . . A multiplicity of suits should be avoided if possible, and a party must present whatever evidence he may have to support his claim, on peril of losing it; and in an action to recover real property he should file supplemental pleadings, if necessary, to avail himsélf of such evidence.” (p. 624.)”
    1 later decision 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.