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← 204 La. 468 - Atkins v. Smith

Atkins v. Smith’s Empirical Analysis

1943

Citation profile

22
cited by 22 later decisions
1
states following
November 1958
most recently cited

20 state decisions

Relationships

Relies on Edwards v. Whited · Cambon Bros. v. Suthon · First National Bank v. Fort Wayne Artificial Ice Co. · Todd v. Shouse · Yale v. Hoopes

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.

  1. ““A third opposition based on alleged ownership of the property presents an issue to be tried between the third opponent and the party provoking the seizure. The third opponent stands in the attitude of .plaintiff insofar as his demand is concerned, and he cannot inquire into the validity of the proceedings between the plaintiff and the defendant in the original suit. Harper v. Commercial & Railroad Bank of Vicksburg, 15 La.Ann. 136 . Also see, First Nat. Bank of Ft. Wayne, Indiana v. Ft. Wayne Artificial Ice Co., 105 La. 133 , 29 So. 379 . Consequently, his demand in no way depends on the outcome of the original suit between the plaintiff and the defendant.””
    1 later decision quote this exact passage
  2. “The claim of Intervenor and Third Opponent is based upon the judgment of the lower court in the case of Mrs. Atkins v. Willie V. Smith and if that judgment is erroneous, as we have found it is, there is nothing left to adjudge in the Intervention and Third Opposition of John Smith. His claim will therefore be dismissed as of non-suit.”
    1 later decision quote this exact passage
  3. “Since we have arrived at the conclusion that the third opposition is in no way dependent on the outcome of the original suit between plaintiff and the defendant, the demand raised by the third opposition should have been passed on by the Court of Appeal.”
    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.