21 La. Ann. 118 - Fleming v. Shields’s Empirical Analysis

Citation profile

1 federal appellate · 5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On the first point urged by the interveners it is elementary that in an attachment suit the intervener will not be permitted to urge defenses personal to the defendants. The formality and regularity of the proceedings, the rightful issuing of the attachment, in the absence of fraud and collusion between plaintiff and defendants, are matters pertaining exclusively to the defendant. The intervener is limited to the assertion of his own rights, to show that the property attached is his; that he has a superior privilege on it, or, as alleged in this case, the plaintiffs and defendants perpetrated a fraud in the issuing of the attachment in order to defeat his pursuit of the property. He has nothing to do with the irregularity of the affidavit, the insufficiency of the attachment bond, and other irregularities in the proceedings.”

   1 later decision quote this exact passage
   e.g. Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar

2. “An intervenor who claims property in controversy between other parties, cannot interfere therein any further than to prove his right to the property. He cannot contest the plaintiff's claim against the defendant, nor urge any irregularities in the suit.”

   1 later decision quote this exact passage
   e.g. Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar

3. “In the absence of fraud and collusion, the intervenor will not be permitted to urge defenses which are personal to the defendant.”

   1 later decision quote this exact passage
   e.g. Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar