Gregory v. Gregory’s Empirical Analysis
1990
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently December 2016
8 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 28 Tenn. App. 239 - American Nat. Bank v. Bradford · Bagwell v. Bagwell · AL Kornman Co. v. METROPOLITAN GOVERNMENT, ETC. · 36 Tenn. App. 166 - Carter County v. Street · Harris v. Mason
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In order to succeed on a plea of res judicata, or estoppel by judgment, the party raising the defense must plead it, Tenn. R. Civ. P. 8.03, and must carry the burden of proving it. Carter County v. Street, 36 Tenn.App. 166 , 252 S.W.2d 803 (1952). To carry that burden, the party raising the defense must generally put in evidence the record or a copy of the record of the former case. American National Bank v. Bradford, 28 Tenn.App. 239 , 188 S.W.2d 971 (1945). If the record does not conclusively show that a particular matter was determined in the former proceeding, the party relying on res judicata as a defense must supplement the record by other proof. Carter County v. Street, 36 Tenn.App. 166 , 252 S.W.2d 803 (1952). “Parol evidence is always admissible to show the fact, even if it appears prima facie that a question has been adjudicated, where the record does not show that it was actually settled.” Fowlkes v. State, 82 Tenn. (14 Lea) 14, 19 (1884); see also Borches & Co. v. Arbuckle Bros., 111 Tenn. 498 , 78 S.W. 266 (1903).”
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.