Venterella v. Pace’s Empirical Analysis
1966
Citation profile
3 federal appellate · 14 state decisions
How this case has been cited
Cited by 22 later decisions — most recently September 2016
3 federal appellate · 14 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 Mansfield Ry Co v. Swan · Kern v. Standard Oil Co. · State v. Robertson · Harris v. Traders General Ins. Co. · Pitre v. Pitre
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The issue before us hinges on interpretation of the phrase ‘a court of competent jurisdiction’ as it is used in the statutes quoted above. If the United States District Court where the action was originally filed was a court of competent jurisdiction, then prescription was interrupted under provisions of LSA-R.S. 9:5801 when the suit was filed on December 23, 1959, four days before prescription had run. However, if the federal court was not ’of competent jurisdiction’, resort must be had to LSA-C.C. art. 3518, and interruption would not have occurred since the defendants were not cited until after December 27, 1959. We think both the plain meaning of the statutory language and the jurisprudence of our courts emphatically support the trial judge’s conclusion that the federal court was not a court of competent jurisdiction and that plaintiffs’ cause of action prescribed. In construing statutes we are constrained to give the words used therein their ordinary, usual signification. State v. Robertson, 241 La. 249 , 128 So.2d 646 (1961), State v. Mack, 224 La. 886 , 71 So.2d 315 (1954), Charles Lob’s Sons v. Karnofsky, 177 La. 229, 148 So. 34 (1933), 82 C.7.S. Statutes § 329b. Under this requirement, it is difficult to see how a court which has dismissed an action for lack of jurisdiction can be considered ‘a court of competent jurisdiction’. Specifically in point of the issue before us are three cases recently decided in this state, Conkling v. Louisiana Power & Light Co., 166 So”
2 later decisions 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.