Hickey v. Johnson’s Empirical Analysis
9 F.2d 498 · 1925
Citation profile
24 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 31 later decisions (1 by the Supreme Court) — most recently November 1976 · most notably Toucey v. New York Life Insurance (1941), 225 F. Supp. 80 - Rhodes v. Meyer (1963)
24 federal appellate · 4 district · 2 state decisions
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 Cromwell v. County of Sac · Southern Pacific Railroad v. United States · Heckman v. United States · Sawyer · Wabash Railroad Company v. Adelbert College of the Western Reserve University
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ease at bar is based upon the action of the District Court for the Eastern District of Oklahoma, equity Ho. 444, in sustaining a demurrer to a complaint filed by the United States against one Ben C. Burris and E. F. Jefferies and others, through whom the title of the appellant, Hickey, is deraigned, to cancel and hold void certain deeds from one Daniel Sam to said Burris and Jefferies to the northest quarter of the southwest quarter, the southwest quarter of the southwest quarter, and the northwest quarter of the southwest quarter, all in section 1, township 7 north, range 7 east, Indian base and meridian, Seminole county, Okl.””
1 later decision quote this exact passage · from the majoritye.g. Hickey v. Williams““A general judgment or decree of dismissal, without more, renders all the issues in the case res adjudicata and constitutes a bar to any subsequent suit for the same cause of action. Hence, when a court dismisses a suit upon some ground which does not go to the merits of the cause of action, but leaves them open to consideration in another court, or at another time, or in another way, the decree of dismissal must expressly adjudge that it is rendered for the specific reason upon which it is based, or must expressly provide that it is made without prejudice.””
1 later decision quote this exact passage · from the majority““We think, before a party can be held conclusively to have waived this defense [res judicata], he must have assumed a position so inconsistent with its assertion as to amount to an election to abandon it, or the proceedings must have reached such a state that allowance of the defense would be inequitable. Bryar v. Campbell, 177 U.S. 649 , 20 S.Ct. 794 , 44 L.Ed. 926 ; Pratt v. Wilcox Mfg. Co., (C.C.) 64 F. 589 ; Cooley v. Snake River Imp. Co., 78 Or. 384 , 152 P. 1190 .””
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.