Stevens v. Johnson’s Empirical Analysis

Citation profile

40 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is clear that the dilatory exception of want of capacity is not involved here, as the exception of want of capacity puts at issue only the procedural capacity of the plaintiff, and does not raise the question of whether the plaintiff has any interest in enforcing judicially the right asserted. See Outdoor Electric Advertising v. Saurage, 207 La. 344 , 21 So.2d 375 ; McMahon, Parties Litigant in Louisiana, The Exception of Want of Capacity, 11 Tul.L. Rev. 538, 546-547. On the other hand, the exception of want of interest, or no right of action, does raise the question of whether the plaintiff has any interest in enforcing judicially the right asserted. Art. 15, La.Code Prac.; Ritsch Alluvial Land Co. v. Adema, 211 La. 675 , 30 So.2d 753 . Moreover, the exception of want of interest, or no right of action, is a peremptory exception which can he filed at any time before definitive judgment by the court of last resort, and which will even be noticed by the court ex proprio motu if necessary. Brown v. Saul, 4 Mart., N.S., 434; State v. Desforges, 5 Rob. 253 ; see McMahon, Parties Litigant in Louisiana, the Exception of Want of Interest, 11 Tul.L.Rev. 527-538. “In Succession of Howell, 177 La, 276, 148 So. 48 , this court held that an exception challenging the right of a married woman to sue and stand in judgment is the peremptory exception of no right of action (want of interest), and not the dilatory exception of want of capacity. See also Smith v. Brock, La.App., 200 So. 342”

   2 later decisions quote this exact passage · from the majority
   e.g. Jefferson v. Jefferson · Mitchell v. First National Life Insurance

2. “" No sale of property for taxes shall be set aside for any cause, except on proof of payment of the taxes for which the property was sold prior to the date of the sale, unless the proceeding to annul is instituted ... within five years from the date of the recordation of the tax deed, if no notice is given. The fact that taxes were paid on a part of the property sold, prior to the sale thereof, or that part thereof was not subject to taxation, shall not be cause for annulling the sale as to any part thereof on which the taxes for which it was sold were due and unpaid, provided that the provisions hereof shall not affect any pending suit, ..." (Emphasis added).”

   1 later decision quote this exact passage
   e.g. 283 So. 2d 482 - Gulotta v. Cutshaw

3. ““Where, in action for value of timber cut and removed by defendant, defendant alleged title to the timber by virtue of authentic act of sale by war-rantor and called her in warranty, and warrantor filed exception of no cause or right of action on ground that plaintiffs did not own and were without title to the timber, warrantor’s attempt to raise the issue of title by way of exception of no cause or right of action was unwarranted by law, in view of fact that petition set forth a justifiable right or cause of action.””

   1 later decision quote this exact passage
   e.g. Clark v. Town of Mandeville