Russell v. Place’s Empirical Analysis
94 U.S. 606 · 1876
Citation profile
215 federal appellate · 52 district · 199 state decisions
How this case has been cited
Cited by 681 later decisions (41 by the Supreme Court) — most recently August 2016 · most notably Commissioner v. Sunnen (1948), Lawlor v. National Screen Service Corp. (1955)
215 federal appellate · 52 district · 199 state decisions — followed in 41 states
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 Packet Company v. Sickles · Russell v. Dodge · Hooker v. Hubbard · Aiken v. Peck
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 681 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is undoubtedly settled law that a judgment of a court of competent jurisdiction upon a question directly involved in one suit is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear either upon the face of the record or be shown by extrinsic evidence that the precise question was raised and determined in the former suit. If there be any uncertainty on this head in the record,—as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered,—the whole subject-matter of the action will be at large, and open to a new contention, unless this uncertainty be removed by extrinsic evidence showing the precise point involved and determined. * * * To render the judgment conclusive, it must appear by the record of the prior suit that the particular matter sought to be concluded was necessarily tried and determined,— that is, that the verdict in the suit could not have been rendered without deciding that matter; or it must be shown by extrinsic evidence, consistent with the record, that the verdict and judgment necessarily involved the consideration and determination of the matter. * * * According to Coke, an estoppel must ‘be certain to every intent’; and if, upon the face of a record, anything is left to conjecture as to what was necessarily i”
28 later decisions quote this exact passage““To render the judgment conclusive, it must appear by the record of the prior suit that the particular matter sought to be concluded was necessarily tried or determined,- — that is, that the verdict in the suit could not have been rendered without deciding that matter; or it must be shown by extrinsic evidence, consistent with the record, that the verdict and judgment necessarily involved the consideration and 'determination of the matter.””
4 later decisions quote this exact passage · from the majority““According to Coke, an estoppel must ‘be certain to every intentj’ and if upon the face of a record any thing is left to conjecture as to what was necessarily involved and decided, there is no estoppel in it when pleaded, and nothing conclusive in it when offered as evidence.” Russell v. Place, 94 U. S. 606, 610 , 24 L. Ed. 214 ; Aiken v. Peck, 22 Vt. 260 ; Hooker v. Hubbard, 102 Mass. 245 .”
2 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.