Achee v. Caillouet’s Empirical Analysis
1941
Citation profile
2 federal appellate · 39 state decisions
How this case has been cited
Cited by 43 later decisions — most recently March 1970 · most notably White v. Hodges (1942), Spears v. Nesbitt (1941)
2 federal appellate · 39 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 Vincent v. Bullock · Goldsmith v. McCoy · Hightower v. Maritzky · Frost Lumber Industries, Inc. v. Union Power Co. · Bremer v. North Central Texas Oil 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is utterly inconsistent and irreconcilable with the firmly established rule that a bare acknowledgment by the landowner of the existence of the mineral rights of another in his land does not interrupt the running of prescription in the sense that the prescription begins to run anew from the date of acknowledgment. To have that effect, the acknowledgment must be coupled with the purpose and intention that it shall have that effect, and such purpose and intention must be expressed in unmistakable terms."”
3 later decisions quote this exact passage“"In the Bremer case, explaining the theory on which the ruling in the Mulhern case was based, we said that Mulhern's joining the owners of the servitude in the execution of the oil and gas lease not only evidenced his intention of acknowledging their rights, but evidenced also his `consent that they have further time within which to exercise those rights'. We said: "`Manifestly the life of the servitude had to be extended to make the five-year lease valid for that length of time.' ( 185 La. 917 , 171 So. 77 .) " In other words, Mulhern , in order to make the five-year lease effective, had to agree that the course or running of prescription against his co-lessors' servitude be broken into or hindered and the life of it extended, because otherwise it would have expired prior to the end of the primary term of the lease. "As defined by Webster's New International Dictionary, the word `interrupt' means `To break into, or between; to stop or hinder by breaking in; to interfere with the course, current, or motion of. The word `interruption' means `Act of interrupting, or breaking in upon; state by being interrupted. * * * A breach or break, caused by the abrupt intervention of something foreign'. "In those cases in which we said that the effect of the landowner's joining the owners of the servitude in making a mineral lease was to `interrupt' the running of prescription, we meant that the prescription was interrupted in the sense that it was broken into, hindered, or stopped, as def”
2 later decisions quote this exact passagee.g. Namie v. Namie · Baker v. Wilder
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.