State Ex Rel. Moore v. Molpus

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that collateral 10 estoppel and res judicata are affirmative defenses that are waived if not timely pled
• explaining that cases may be overruled when their application is “impractical,” “mischievous in effect,” or “detriment[al] to the public”
• noting that “constitutional amendments and statutory enactments have prospective force only, ‘unless a contrary intention is manifested by the clearest and most positive expression’ ”
• “[S]tare decisis proceeds from that first principle of justice, that, absent powerful countervailing considerations, like cases ought to be decided alike.”
• “constitutional interpretation by this Court is tied to the text of our constitution”
• failure to timely assert collateral estoppel waives the issue for appeal

Source: CourtListener parenthetical corpus (CC0).