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← 37 Tenn. App. 63 - Doughty v. Grills

37 Tenn. App. 63 - Doughty v. Grills’s Empirical Analysis

1952

Citation profile

20
cited by 20 later decisions
2
cited 2 times by the Supreme Court
4
states following
March 2001
most recently cited

18 state decisions

How this case has been cited

Cited by 20 later decisions (2 by the Supreme Court) — most recently March 2001

18 state decisions

60195219601970198019902000decided

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 People Ex Rel. Illinois State Bar Ass'n v. Peoples Stock Yards State Bank · Matter of Co-Operative Law Co. · R.I. Bar Asso. v. Auto. Service Asso. · Dale v. Thomas H. Temple Co. · 30 Tenn. App. 628 - Cude v. Culberson

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.

  1. ““My virtue of the language, ‘elsewhere excepted by law or by provisions of this Code’ . . . it is meant to exclude from the operation of that section not only those cases expressly excluded by some other provisions of the Code but suits in which under the common law a litigant was not entitled to a jury as a matter of right. This means that cases of purely equitable cognizance falling under the inherent jurisdiction of the Chancery Court are excepted because there was no right at common law to a jury trial in an equity case. “The present suit being one of that type, [one seeking an injunction] there was neither a constitutional right nor a statutory right to a trial by jury; and hence, the rules applicable in courts of equity, independent of the statute and the constitution, govern.” Id. 260 S.W.2d at 387 .”
    1 later decision quote this exact passage
  2. ““[c]ases of purely equitable cognizance falling under the inherent jurisdiction of the Chancery Court, not' only are not within the constitutional guaranty of trial by jury because of the fact that the guaranty refers to common law actions only, but that they are within the exception to Code Section 10-574 [now T.C.A. § 21-1011] providing for juries in Chancery, — that is, they are among the cases ‘elsewhere excepted by law or by provisions of this Code.’ ””
    1 later decision quote this exact passage
  3. “Either party to a suit in chancery is entitled, upon application, to a jury to try and determine any material fact in dispute, save in cases involving complicated accounting, as to such accounting, and those elsewhere excepted by law or by provisions of this Code, and all issues of fact in any proper case shall be submitted to one jury.”
    1 later decision quote this exact passage

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.