Alter v. Pickett’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Since the act of nineteenth of March, 1861, amending Article 162 of the Code of Practice, every one residing in this State “must be sued before his own judge — that is to say, before the judge having jurisdiction over the place where he has his domicile or residence, and shall not be permitted to elect any other domicile or residence for the purpose of being sued, but this rule is subject to those exceptions expressly provided for by law.” “But it is contended that this case comes within one of the exceptions created by law; that article 246 of the Code of Practice -expressly declares that a creditor may make a garnisher a party to the suit ■ against the debtor; and the attempt is made to deduce the conclusion that the debtor of the original judgment debtor, although residing in a different parish, may be cited as garnishee, and thus subjected to the jurisdiction of the court which rendered the original judgment. But this is a non sequitur. The debtor may be cited in garnishment', but where ? Article 642 C.P. requires the writ of fieri facias “to be directed to the parish'in which the property of the debtor is situated, and it orders him to seize the property, real and personal, rights and credits of the debtor, and to sell them to satisfy the judgment obtained against him'.” “ ‘Rights and, credits’ can be seized under .fieri facias generally only .by the auxiliary process of. garnishment, and as.article 642 requires this seizure to be made by the sheriff of the parish in wh”

   1 later decision quote this exact passage
   e.g. 69 So. 2d 64 - Manuel Motor Co. v. Graham