Smith v. Smith’s Empirical Analysis
1956
Citation profile
2 federal appellate · 45 state decisions
How this case has been cited
Cited by 51 later decisions — most recently November 2006 · most notably McGuffy v. Weil (1960), 403 So. 2d 56 - Curtis v. Curtis (1981)
2 federal appellate · 45 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 Houghton v. Hall · Griffing v. Taft · Betz v. Riviere · Cameron v. Rowland · Burton v. Lester
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The statute is undoubtedly a most valuable supplement to the cumbersome common law procedure but its worth to a State like Louisiana having a Code of Practice which has worked satisfactorily and efficiently for over 80 years, remains to be proven. At any rate, we do not believe that the statute should be employed as a substitute for the well-defined actions provided for in our Code of Practice or those which have been established by jurisprudence unless, by reason of the special circumstances of the case, the codal procedure does not furnish an adequate remedy. “ * * * Hence, we must perforce construe and apply the act according to its own terms, giving due regard to our established procedure so that it may take a useful and proper place therein. By adopting this course, we deduce, as we have stated above, that the Act is merely an adjunct to the civil procedure outlined in our Code of Practice of 1870 and should not be substituted therefor, save upon a showing by the litigant seeking the declaratory relief that the ordinary or summary proceedings recognized in the law and jurisprudence do not avail him an adequate remedy. * * *" [227 La. 347 , 79 So.2d 335 ]”
2 later decisions quote this exact passage“"In order for immovable property purchased by the husband during marriage to become his separate property, it must be stated in the Act of Purchase that the land is being bought by the husband for his separate estate and with his separate funds; otherwise the property will thenceforth be conclusively presumed to belong to the community. See Coney v. Coney, 220 La. 473 , 56 So.2d 841 . Smith v. Smith (1956) [ 230 La. 509 ], 89 So.2d 55, 59 .' "Because the deed failed to contain the double declaration, the property in the instant case belongs to the community which existed between Joseph Boulet and Angele Johnson on the date of the sale. Boulet v. Fruge ([La.App.] 1969), 221 So.2d 602 .'”
2 later decisions 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.