In re Higgins’s Empirical Analysis

Citation profile

2 federal appellate · 5 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Upon the death of any person, all demands whatsoever, and rights to prosecute or defend any action or special proceeding, existing in favor of or against such person, except as provided in subsection (b) hereof, shall survive to and against the personal representative or collector of the person's estate. (b) The following rights of action in favor of a decedent do not survive: (1) Causes of action for libel and for slander, except slander of title; (2) Causes of action for false imprisonment; (3) Causes of action where the relief sought could not be enjoyed, or granting it would be nugatory after death.”

   1 later decision quote this exact passage
   e.g. 251 N.C. App. 138 - In re Thompson

2. “a petition to declare a respondent incompetent does not survive the death of the respondent under N.C. Gen. Stat. § 28A-18-1. Thus, the appeal [in Higgins ] abated upon the ... death of the respondent ... [and] has become moot and [was] accordingly dismissed.”

   1 later decision quote this exact passage
   e.g. 251 N.C. App. 138 - In re Thompson

3. “the dispositive issue [was] whether, when the trial court dismisses a petition for adjudication of incompetence, the action abates upon the death of the respondent during the pendency of the petitioner's appeal.”

   1 later decision quote this exact passage
   e.g. 251 N.C. App. 138 - In re Thompson