Chapman v. King’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 8 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification or commencement by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.””

   2 later decisions quote this exact passage
   e.g. Matthews v. Mitchell · Derrick Hussey v. Michael Woods

2. “The liberality of this Court in allowing the addition or substitution of a proper party plaintiff for an improper plaintiff although the statute of limitations would have prevented the filing of a new suit is recognized by the Committee Comment to Rule 15.03, Tennessee Rules of Civil Procedure: “15.03: Under prior law, an amendment which added a new party plaintiff or substituted a party plaintiff, related back to the institution of the original suit, and thus could be made even though an applicable statute of limitations would have barred a new suit by the new or substituted party [Whitson v. Tennessee Cent. R. Co., 163 Tenn. 35 , 40 S.W.2d 396 (1930); Mosier v. Lucas, 30 Tenn.App. 498, 207 S.W.2d 1021 (1947); Gogan v. Jones, 197 Tenn. 436 , 273 S.W.2d 700 (1954) ]. But where the amendment sought relief against a new party defendant after the statute of limitations has barred a new suit, such defendant could successfully plead the bar [Mellon v. Am. Flour & Grain Co., 9 Tenn.App. 383 (1929) ].””

   1 later decision quote this exact passage
   e.g. Matthews v. Mitchell

3. “T.C.A. § 20-5-110 (1984 Supp.) provides: Action for death of spouse. — (a) A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of himself and the children of the deceased, or in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse, (b) The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release which shall be binding upon all the children of the deceased or next of kin of the deceased.”

   1 later decision quote this exact passage
   e.g. Matthews v. Mitchell