Smith v. Doyle’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Under LSA-Code of Civil Procedure, Art. 1702, ‘judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case.’ But this prima facie case must be established by competent evidence. Plaintiff assumes the burden of proving the essential allegations in his petition as fully as if they had been specifically denied. He must make his claim certain; to make it probable is not enough. Carr v. Williams, La.App., 145 So.2d 611 , and cases cited therein.””

   2 later decisions quote this exact passage
   e.g. Wall v. Sun Insurance Co. of New York · 383 So. 2d 1308 - Jones v. Ledet

2. “"The only competent evidence in the record herein concerns the negligence of the defendant. However, the amount of damages was not established by competent evidence. The only evidence as to damages was a repair estimate of an automobile dealer, a letter from an attending physician, and a bill for a clinic. There were no witnesses to corroborate these offerings. All of them are hearsay and, when introduced without a proper foundation and explanation, are insufficient to establish a prima facie case for a default judgment." 160 So.2d 792 -3”

   1 later decision quote this exact passage
   e.g. Blackwell v. Daigle