Thomas v. Howard’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The above quoted statute makes no jurisdictional requirement; however, when this statute is read in connection with LSA-C.C.P. Article 10(7), it becomes apparent that a Louisiana domicile is required.” “In addition to fulfilling the substantive requirement for a ground for divorce, the plaintiff must meet the procedural requirement. The plaintiff has the ground for a divorce as required by the substantive law [LSA-R.S. 9:301], but he lacks domicile as required by LSA-C. C.P. art. 10(7).” Further quoting from the Thomas case: “Traditionally, at least one of the parties, the plaintiff or defendant, must be domiciled in this state, at the time the action is brought, for our courts to have jurisdiction. LSA-C.C.P. Article 10(7) is a restatement of this jurisprudential rule. The words of this article ‘except as other wise provided by law’ do not refer to the domiciliary requirement but rather is (sic) a qualification of the general rule that ‘the grounds therefor [divorce or separation from bed and board] were committed or occurred in this state, or while the matrimonial domicile was in this state’, and these exceptions are those contained in LSA-C.C. Article 142 and LSA-R.S. 9:301. There is no exception to the requirement of domicile of either the plaintiff or defendant for the courts of this state to acquire jurisdiction ra-tione materiae in an action for divorce or separation from bed and board.””

   2 later decisions quote this exact passage
   e.g. 606 So. 2d 1391 - Barry v. Barry · 203 So. 2d 409 - Hinchey v. Hinchey

2. ““A court which is otherwise competent under the laws of this state has jurisdiction of the following actions or proceedings only under the following conditions: (7) An action of divorce, or of separation from bed and board, if one or both of the spouses are domiciled in this state and, except as otherwise provided by law, the grounds therefor were committed or occurred in this state, or while the matrimonial domicile was in this state.” (Emphasis supplied)”

   2 later decisions quote this exact passage
   e.g. 606 So. 2d 1391 - Barry v. Barry · 203 So. 2d 409 - Hinchey v. Hinchey

3. ““An action for an annulment of marriage, for a separation from bed and board, or for a divorce, shall be brought in a parish where either party is domiciled, or in the parish of the last matrimonial domicile.” “The venue provided in this article may not be waived, and a judgment rendered in any of these actions by a court of improper venue is an absolute nullity.””

   1 later decision quote this exact passage
   e.g. 203 So. 2d 409 - Hinchey v. Hinchey