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← 169 So. 2d 422 - Henry v. Stephens

169 So. 2d 422 - Henry v. Stephens’s Empirical Analysis

1964

Citation profile

5
cited by 5 later decisions
1
states following
April 1988
most recently cited

5 state decisions

Relationships

Relies on Sliman v. Araguel · 92 So. 2d 156 - Sanders v. Luke · 85 So. 2d 315 - Wynn v. Fidelity & Casualty Company of New York · 124 So. 2d 240 - Washington v. Harvey · Newson v. Bailey

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

  1. “"Under the jurisprudence, normally, neither the filing of the transcript of testimony nor the payment of court costs for such transcript are regarded as steps in the prosecution or defense of an action. Sanders v. Luke, La. App. 1 Cir., 92 So.2d 156 ; Newson v. Bailey, La.App. 2 Cir., 88 So.2d 391 ; Reagor v. First National Life Insurance Co., La.App. 2 Cir., 85 So.2d 312 . This is because of the jurisprudential definition of a `step' in the prosecution or defense of the action as some `formal move before the court intended to hasten judgment. A situation arising outside the record cannot be considered as a step taken in the prosecution of the suit. A step in the prosecution of a suit means something done in court towards the progress of the suit in court.' Sliman v. Araguel, 196 La. 859 , 200 So. 280, 281 ."”
    2 later decisions quote this exact passage
  2. “"An action is abandoned when the parties fail to take any steps in its prosecution or defense in the trial court for a period of five years. This provision shall be operative without formal order, but on ex parte motion of any party or other interested person, the trial court shall enter a formal order or dismissal as of the date of its abandonment. "An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for a period of five years; and the appellate court shall dismiss the appeal summarily."”
    1 later decision quote this exact passage
  3. “are not considered steps in the prosecution of an action, since they are not formal moves before the court intended to hasten judgment.”
    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.