Gresham v. Talbot’s Empirical Analysis
1930
Citation profile
18 state decisions
How this case has been cited
Cited by 20 later decisions — most recently December 1975
18 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 Cytron v. St. Louis Transit Co. · Wells v. Wells · Washington Mutual Insurance v. Reed · Russell v. Nelson · Floyd v. Floyd
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is true that a court has no authority to try a suit to contest a will and render a judgment therein unless all interested parties are before the court. Wells v. Wells, 144 Mo. 198, 202 , 45 S.W. 1095 . However, it does not follow that necessary parties to a suit to contest a will may not be brought in by amendment of the petition after the statutory limit of time in which such suits may be instituted has run, where, as here, the suit was brought within the statutory period of limitation. “[1] In suits where several judgments may be rendered, the general rule is that amendments to a petition relate back to the date of the filing of the original petition unless the statute of limitations is involved, in which case the action, as to the new parties, is regarded as commenced from the date of the amendment. But this rule should not be applied to a case, where, as here, no judgment could be rendered until all interested parties are before the court. The issue in this character of a suit is will or no will. The will must either stand or fall as a whole. If the right to contest the will is barred as to one of the parties, it is barred as to all. A several judgment could not be rendered. Plaintiff, the only interested party desiring to contest the will, in good faith brought her suit to contest within the statutory period. It would be laying down a harsh rule to hold that her action was barred by limitation because she inadvertently overlooked making one of the persons interested ”
1 later decision quote this exact passagee.g. Doran v. Wurth
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.