Mallet v. Thibault’s Empirical Analysis
1947
Citation profile
22 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2015 · most notably Buras Ice Factory, Inc. v. Department of Highways (1958), Texaco v. Newton & Rosa Smith Charitable Trust (1985)
22 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 Frost-Johnson Lumber Co. v. Salling's Heirs · Burgas v. Stoutz · Moriarty v. Weiss · Vinet v. Bres · Muntz v. Algiers & G. Ry. 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thus the creation of a personal servitude by convention will be approved provided, of course, that it does not contravene the public order.' Research of the jurisprudence supported by the conclusions of the author of the law review article quoted above, discloses that the intention of the parties is the primary guide for interpretation of contractually created servitudes. Classification may include, not only predial and personal servitudes, but what professor (sic) Yiannopoulos refers to as”
1 later decision quote this exact passage“"(We) are not unmindful of Article 709 of the Code which seems to forbid conventional establishment of a servitude in favor of a person. However, that article cannot be reconciled with Articles 757 and 758 which are contained in Section 2 of Chapter 4 of Title IV dealing with the establishment of servitudes and which provide directly to the contrary . . ."”
1 later decision quote this exact passage““A person may also, in his own name, make some advantage for a third person the condition or consideration of a commutative contract, or onerous donation; and if such third person consents to avail himself of the advantage stipulated in his favor, the contract can not be revoked.””
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.