Ducote v. Ducote’s Empirical Analysis
1935
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently March 1989 · most notably Stanley v. Jones (1942), Phillips v. New Amsterdam Casualty Co. (1939)
47 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 Serio v. Trainor · Tuyes v. Chambers · State ex rel. Davis v. Police Jury of Webster Parish · Gagneaux v. Desonier · Bell v. Globe Lumber 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The articles of the Code of Practice requiring that issue be joined by answer or default as a condition precedent for the rendition of a judgment cannot in any sense be considered as laws of public order or good morals, but rather as laws enacted for the protection of a limited class of individuals, which do not concern the general public. A derogation from those laws cannot be interpreted as a breach of good morals or of the public good. They merely create a privilege in favor of an individual which he is at liberty to renounce at any time. If, notwithstanding the privilege granted him by law, a defendant consents to the trial of his case without insisting on the filing of an answer or the entering of a default, how can he be heard to complain of the judgment? Such renunciation on defendant’s part does not injure his legal rights. Neither is it violative of the rights of others, nor contrary to the public good.””
1 later decision quote this exact passagee.g. Andrews v. Lalumia“"Thus, it is a familiar rule of practice that a defendant by not insisting upon a trial of and a ruling on his exceptions waives them."”
1 later decision quote this exact passagee.g. Martino v. Fairburn
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.