Commissioner v. Gray’s Empirical Analysis
159 F.2d 834 · 1947
Citation profile
6 federal appellate · 6 state decisions
How this case has been cited
Cited by 16 later decisions — most recently February 1972
6 federal appellate · 6 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 Poe v. Seaborn · Gulf Refining Co. of Louisiana v. Glassell · Vincent v. Bullock · Roberson v. Pioneer Gas Co. · Board of Com'rs of Caddo Levee Dist. v. Pure Oil Co.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The rights of the community in the income from the separately owned properties of the spouses under the administration of the husband are the same as the rights of the usufructuary to income. The community is entitled to the fruits to which the usufructuary is entitled. In Succession of Andrus, 131 La. 940 , 60 So. 623, 625 , the court said: `The profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact, fall into the community. C.C. art. 2402. Hence the community quoad such effects, whether owned by the husband or the wife, occupies a position similar to that of an usufructurary. This is the jurisprudence of this court, and the rule of stare decisis forbids the reopening of the same question.' See to the same effect Wimbish v. Gray, 10 Rob. 46 ; Succession of Waterer, 25 La.Ann. 210 ; and Long v. Kee, 42 La.Ann. 899 , 8 So. 610 . Therefore, we turn to the articles of the Code setting forth the `fruits' to which the usufructuary is entitled to determine the `fruits' (erroneously translated as `profits' in article 2402) to which the community is entitled. These articles are set forth in a footnote. "`Fruits' are products reproduced from time to time in successive seasons and include fruits of the earth, civil fruits, and the young of animals. Elder v. Ellerbe, 135 La. 990 , 66 So. 337 ; Jackson v. Shaw, 151 La. 795 , 92 So. 339 . `Fruits' do not include minerals and timber. C.C. art. 551. Elder v. Ellerbe, supra; Harang v”
1 later decision quote this exact passage · from the majority“"Natural fruits are such as are the spontaneous product of the earth; the product and increase of cattle are likewise natural fruits. "The fruits, which result from industry bestowed on a piece of ground, are those which are obtained by cultivation. "Civil fruits are rents of real property, the interest of money, and annuities. "All other kinds of revenue or income derived from property by the operation of the law or private agreement, are civil fruits."”
1 later decision quote this exact passage · from the majority“`Fruits' are products reproduced from time to time in successive seasons and include fruits of the earth, civil fruits, and the young of animals. Elder v. Ellerbe, 135 La. 990 , 66 So. 337 ; Jackson v. Shaw, 151 La. 795 , 92 So. 339 . `Fruits' do not include minerals and timber. C.C. art. 551. Elder v. Ellerbe, supra; Harang v. Bowie Lumber Co., 145 La. 96 , 81 So. 769 .”
1 later decision quote this exact passage · from the majority
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.