Lagrange v. Barre’s Empirical Analysis
1845
Citation profile
31 state decisions
How this case has been cited
Cited by 32 later decisions — most recently October 1984 · most notably Waller v. Colvin (1922), Rhodes v. Miller (1938)
31 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 Gasquet v. Dimitry
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The terms of the law appear to throw a certain incapacity upon every citizen to dispose, and divest himself, of all his property, by donation inter vivos, and declares that such donation shall be null (not reducible) if he has not reserved to himself enough of his property for subsistence. The expression ‘reserve to himself’ cannot be understood to mean that he should rely upon others for his subsistence, but that he should himself keep in his possession and ownership a sufficient portion of his property to provide for his. subsistence. This seems to be the spirit of this law, as it would be vain to say that the mere promise of the donee to support the donor is a sufficient reserve, in the sense of article 1484 [now 1497], since the same obligation, without any contract on his part, is imposed on him by article 1547 [now 1560], which gives to the donor the right of revoking the donation, if the donee refuses him food, when in distress — lui refuse des alimens, lorsquil est dans le besoin.””
1 later decision quote this exact passagee.g. Hearsey v. Craig““With regard to the point that the donation under consideration was not gratuitous, but an onerous one, we think it untenable. Under article 1513 [now 1536], the value of the object given must exceed by one-half that of the charges ; and we agree with the judge a quo in the opinion that the annual rent and profits of the things donated, not to speak of their value as estimated in the contract, are clearly shown to be more than double the amount of the charges imposed upon the donee.””
1 later decision quote this exact passagee.g. Hearsey v. Craig““The donation inter vivos shall in no case divest the donor of all his property; he must reserve to himself enough for subsistence; if he does not do it, the donation is null for the whole.””
1 later decision quote this exact passagee.g. Armand v. Armand
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.