Posey v. Hamner’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The circumstance of plaintiffs omission to obtain previously final judicial determination of the principal’s liability renders applicable here, in our opinion, the rulings of this court in Gaillard v. Bordelon, 35 La.Ann. 390 , Chapron v. Chapron, 41 La.Ann. 486 , 6 So. 810 , W.B. Thompson & Company v. American Surety Company, 139 La. 888 , 72 So. 430 . These cases, all of which were actions against sureties on administrators’ bonds, stand for the proposition that until the liability of the principal on a bond has been established judicially and finally there is no competent proof, such as the surety has a right to require, of the occurrence of a breach in the conditions of the bond, a prerequisite to the enforcement of the surety’s liability.”

   1 later decision quote this exact passage
   e.g. In re the Tutorship of Matthews

2. “A judicial surety can not demand the discussion of the property of the principal debtor. But no suit shall be instituted against any surety on any appeal bond, nor on the bond of any administrator, tutor, curator, executor, or syndic, until the necessary steps have been taken to enforce payment against the principal. (Emphasis added).”

   1 later decision quote this exact passage
   e.g. In re the Tutorship of Matthews