Public-domain · open source
OpenJurist
← 196 La. 685 - Tolley v. Karcher

Tolley v. Karcher’s Empirical Analysis

1941

Citation profile

27
cited by 27 later decisions
2
states following
October 1990
most recently cited

27 state decisions

How this case has been cited

Cited by 27 later decisions — most recently October 1990 · most notably Jefferson v. Jefferson (1964), 345 So. 2d 1120 - State v. Francis (1977)

27 state decisions

100194119501960197019801990decided

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 Hava v. Chavigny

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

  1. ““Children are bound to maintain their father' and mother and other ascendants, who are in need; and the relatives in the direct ascending line are likewise bound to maintain their needy descendants, this obligation being reciprocal. “They are also bound to render reciprocally all the services which their situation can require, if they should become insane.””
    2 later decisions quote this exact passage
  2. ““Article 229 of the Revised- Civil Code is clear and free from all ambiguity. It imposes a reciprocal obligation upon children to maintain their father and mother and other ascendants who are in need, and upon- relatives in the direct ascending line to maintain, their needy descendants. The mother is the nearest relative in the ascending line and, if this article may be interpreted as imposing no obligation upon her, as the nearest ascendant, to maintain her children, her nearest descendants in need, it is obvious that no such obligation may be imposed upon more remote ascendants, such as a grandfather or grandmother, to maintain their descendants of more remote degree. Such an interpretation would virtually repeal that part of Article 229 of the Civil Code which declares ‘and the relatives in the direct ascending line are likewise bound to maintain their needy descendants, this obligation being reciprocal.’ “We find no language in Article 229 which limits to minor children the support which ascendants are obliged to give to needy descendants. To so hold would be nothing short of judicial legislation.” Id., 200 So. at page 6 .”
    1 later decision quote this exact passage
  3. “Fathers and mothers, by the very act of marrying, contract together the obligation of supporting, maintaining, and educating their children.”
    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.