Brooks v. Garner’s Empirical Analysis
1953
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently January 2018
14 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 Love v. Southern Railway Co. · Holston v. Coal & Iron Co. · 15 Tenn. App. 326 - Johnson v. Maury County Trust Co. · Flatley v. Memphis & Charleston Railroad · State v. Oden
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) In all proceedings in the probate or chancery courts, or any other court having chancery jurisdiction, where the estate of a deceased person must be represented, and there is no executor or administrator of such estate, or the executor or administrator thereof is interested adversely thereto, it shall be the duty of the judge or chancellor of the court, in which such proceeding is had, to appoint an administrator ad litem of such estate for the particular proceeding, and without requiring a bond of him, except in a case where it becomes necessary for him to take control and custody of property or assets of the estate of his intestate, when he shall execute a bond, with good security, as other administrators are required to give, in such amounts as the chancellor or judge may order, before taking control and custody of such property or assets. (b) Such appointment shall be made whenever the facts rendering it necessary shall appear in the record of such case, or shall be known to the court by the affidavit of any person interested therein; and, in such proceedings in the chancery court, the chancellor at chambers or clerk and master of such court on a rule day shall have authority to make such appointment in vacation.”
2 later decisions quote this exact passage · from the majority“[T]he common law rule abating such actions upon the death of the wrongdoer and before suit is commenced is abrogated. (Emphasis supplied).”
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.