Brooks v. Smith’s Empirical Analysis
1907
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently December 1949
18 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 Mutual Loan & Building Ass'n v. First African Baptist Church · 47 La. Ann. 1582 - Roehl v. Porteous
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The repugnancy between the provisions of the two acts are [is] obvious. The act of 1870 provides for the return of appeals to the Supreme Court at or within its regular terms, and when the court is not in session on the return day it is provided that it shall be sufficient for the appellant to file the transcript within three judicial days at the first session thereafter. Practically the return day was governed by the actual sitting of the court. “On the other hand, under the act of 1900, the retqrn day is fixed regardless of the sessions of the Supreme Court, and there is no proviso or warrant for the extension of the return day until the next term of the appellate tribunal. The act requires the judge to fix a day certain for the return of the appeal, within the limitation of 60 days from the date of his order. This return day may fall as well in vacation as in term time, but cannot be extended beyond 60 days, except by consent of the parties. The statute substituted a fixed return day for sessions of court, which might or might not be held, and by so doing converted uncertainty into certainty. Under its provisions the appellant is compelled to file his transcript on the return day as fixed by the order of court, and cannot take advantage of the vacation of the Supreme Court for the purposes of delay. Moreover, the appellee knows when the transcript should be filed, and, if not filed, can proceed with the execution of the judgment without waiting for the next session of the”
1 later decision quote this exact passage““ * * * If the Supreme Court shall not be in session on the day fixed for the return day of any case, it shall be sufficient for the appellant to- file the record within three judicial days at the first session of the Supreme Court thereafter.” (All italics ours.)”
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.