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OpenJurist
← 180 SO2D 862 - Levy v. Joseph

Levy v. Joseph’s Empirical Analysis

1965

Citation profile

2
cited by 2 later decisions
1
states following
September 1984
most recently cited

2 state decisions

Relationships

Relies on Succession of Land · Succession of Smith · Prince v. Hopson · Monk v. Monk · Slater v. Culpepper

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. ““Under our Louisiana community property law, all property acquired during a marriage is presumed to be community, with certain limited exceptions such as property inherited by or donated to the wife or acquired by her with her separate funds. LSA-C.C. Arts. 2334, 2402, 2405. The burden of overcoming the presumption of the community nature of property acquired during the marriage rests upon the party asserting its separate and paraphernal nature; to satisfy this heavy burden, the proof must be strict, clear, positive, and legally certain that the property was acquired with separate and paraphernal funds. Monk v. Monk, 243 La. 429 , 144 So.2d 384 ; Prince v. Hopson, 230 La. 575 , 89 So.2d 128 , and jurisprudence there referred to.””
    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.