Watson v. Bethany’s Empirical Analysis

Citation profile

3 federal appellate · 18 state decisions

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

1. ““Article 247 of the Constitution of 1913 provides that: “ ‘In the parish of Orleans, the homestead (exemption) to be valid shall be recorded as is now or may be provided by law.’ “The same provision was made in the Constitution of 1898, which did away with the requirement of registry in other parishes. Act No. 114 of 1880 declared that a person claiming the homestead exemption provided in articles 219 and 220 of the Constitution of 1879 was required to record a declaration, sworn to, describing the property, etc., in the mortgage records of the parish in which the property was situated. The provisions of the statute were therefore retained in force in the parish of Orleans, by the Constitutions of 1898 and 1913. There is no homestead exemption in the parish of Orleans, unless and until the person claiming it has had recorded the declaration required by law. The right to acquire the exemption by recording the declaration is not in itself a right of exemption from seizure of the homestead, and it cannot affect creditors of the owner of the homestead until he has availed himself of the exemption by recording the declaration. The defendant in this case had no homestead exemption when she gave the mortgage on her home, and subsequent registry of her declaration could not prejudice the rights of the mortgagee. To hold otherwise would be contrary to our laws of registry, and would be an unreasonable construction of the provisions of the Constitution and statute on the subject.””

   1 later decision quote this exact passage
   e.g. Holahan v. Nugent

2. ““1. For the purchase price of property or any part of such purchase price. “2. For labor, money, and material, furnished for building, repairing or improving homesteads. “3. For liabilities incurred by any pub-lie officer, or fiduciary, or any attorney at law, for money collected or received on deposits. “4. For taxes or assessments. “5. For rent which bears a privilege upon said property. “6. For the amount which may be due a homestead or building and loan association for a loan made by it on the security of the property; provided, that if at the time of making such loan the borrower be married, and not separated from bed and board from the other spouse, the latter shall have consented thereto. “7. For the amount which may be due for money advanced on the security of a mortgage on said property; provided, that if at the time of granting such mortgage the mortgagor be married, and not separated from bed and board from the other spouse, the latter shall have eon-sented thereto. “No court or ministerial officer of this State shall ever have jurisdiction, or authority, to enforce any judgment, execution, or decree, against the property exempted, as a homestead, except for the debts above mentioned in numbers one, two, three, four, five, six and seven of this Section; provided the property herein declared exempt shall not exceed in value Four Thousand Dollars ($4,-000.00).””

   1 later decision quote this exact passage
   e.g. Holahan v. Nugent

3. ““ * * The test to be applied in considering a plea of misjoinder is whether the parties, plaintiffs, or defendants, have a common interest in the subject matter of the suit. This test has been approved in several subsequent decisions including State ex rel. Elston v. Parish Democratic Executive Committee, 173 La. 844 , 138 So. 857 , and Lykes Brothers Ripley S. S. Co., Inc. v. Wiegand Marionneaux Lumber Co., Inc., et al., 185 La. 1085 , 171 So. 453, 458 .’””

   1 later decision quote this exact passage
   e.g. Crawford v. Williber