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← 26 SO2D 373 - Meyer v. McClellan

Meyer v. McClellan’s Empirical Analysis

1946

Citation profile

6
cited by 6 later decisions
1
states following
July 1975
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently July 1975

6 state decisions

301946195019601970decided

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 Sanderson v. Frost · Jefferson v. Gamm · Foster & Glassell Co. v. Harrison · People's Bank v. Levy

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

  1. ““As a general rule, the right to take a devolutive appeal is not forfeited by a compliance with the judgment complained of. The reason is that a person who takes only a devolutive appeal from a judgment against him must submit to the execution of the judgment. But there are cases where a devolutive appeal cannot afford any relief to the appellant. This appeal presents such a case. The only defense to the suit was defendants’ contention that the term of the lease had been extended. The only relief prayed for in defendants’ answer to the suit was that it should be dismissed. The alleged extension of the term has already expired. A reversal of the judgment appealed from would therefore serve no purpose. What has been done in compliance with the judgment, even if it had been done by the sheriff in execution of the judgment, would not be annulled by a reversal of the judgment on a devolutive appeal. Jefferson v. Gamm, 150 La. 372 , 90 South. 682 .” (Emphasis added.)”
    1 later decision quote this exact passage
  2. “under a verbal month to month lease. Dr. Meyer, desiring possession of the apartment for his own use and occupancy, after proper notices to vacate, brought a rule in the Civil District Court on February 1, 1946, seeking the eviction of McClellan. The rule was made absolute and McClellan appealed suspensively from the judgment to this court, and furnished his appeal bond conditioned”
    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.