Thompson v. Coates’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Laches is an equitable doctrine which provides that unreasonable delay will bar a claim if the delay is prejudicial to the defendant. Unexcused delay in asserting his claim is an essential element of laches. Sunderhaus v. Perel & Lowenstein, 215 Tenn. 619 , 388 S.W.2d 140 (1965). It is our conclusion that the plaintiff in this action did not unreasonably delay bringing his suit. Prior to the enactment of the statute, plaintiff had no judicially cognizable claim. If he had brought suit to attempt to establish paternity, it would have availed him nothing. Neither John Graves nor his estate owed plaintiff any obligation at all. There is nothing in the record to show any prejudice to the defendants resulting from the delay after the statute was passed until suit was brought in July of 1980. Therefore, the plaintiff’s claim is not barred by the doctrine of laches. One further issue should be addressed. Although it is not a part of T.C.A. § 31-206, the Supreme Court in Allen v. Harvey [ 568 S.W.2d 829 (Tenn.1978)], held that the illegitimate child may inherit from and through his father where the rights of inheritance have not finally vested. The defendants contend that the real property vested upon the death of John Graves. By statute, the real property of an intestate decedent vests immediately in his heirs upon his death. T.C.A. § 31-602(2). To hold, however, that the real property “finally vested” immediately upon the death of the decedent would effectively bar illegitimate chi”

   1 later decision quote this exact passage
   e.g. McCluskey v. Weaver

2. “If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: [[Image here]] (2) [A] person born out of wedlock is a child of the mother. That person is also a child of the father, if: [[Image here]] (B) The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof,”

   1 later decision quote this exact passage
   e.g. Rose v. Stalcup

3. “Actions against personal representative. (a) All actions against the personal representative of a decedent, for demands against such decedent, shall be brought within seven (7) years after his death, notwithstanding any disability existing; otherwise they will be forever barred. (b) Nothing in this section shall be deemed to extend the time limited by §§ 30-513, 30-517 and 30-518.”

   1 later decision quote this exact passage
   e.g. McCluskey v. Weaver