Colgin v. Harris’s Empirical Analysis
1939
Citation profile
4 state decisions
How this case has been cited
Cited by 6 later decisions — most recently May 1961
4 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 Gulf Refining Co. of Louisiana v. Glassell · Frost-Johnson Lumber Co. v. Salling's Heirs · Sample v. Whitaker · Clark v. Tensas Delta Land Co. · Gayoso Co. v. Arkansas Natural Gas Corporation
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.
“"It was peculiarly within the province of the writer of this opinion, for he was Attorney General of Louisiana during the 1938 session, * * * to know that Act No. 205 of 1938 has as its legislative purpose to give relief from the ruling in the then very recent case of Gulf Refining Co. of Louisiana v. Glassell, 186 La. 190 , 171 So. 846 . "In that case a lessee of an oil and gas lease filed a petitory action against the defendants who had brought in a well on certain property, alleging that they were trespassers on the land, and claiming the exclusive right to the possession of the land for the purpose of extracting the minerals therefrom. Exceptions of no right of action and no cause of action were filed by the defendants on the grounds that the plaintiff, having alleged that he was a lessee, did not have the right to institute a petitory action, particularly where the lessor had not joined in it. The exception was maintained in the court below, and on appeal the Supreme Court affirmed the decision. "A recent review entitled `The Louisiana Legislation of 1938', * * * when treating of Act No. 205 of 1938, concludes as follows: `By defining a mineral lease as a `real right', the 1938 Act brings the right of the lessee (such as in the Glassell case) within the operation of the articles of the Code of Practice permitting petitory actions. The act will place at rest the decision which, although entirely correct from a legal standpoint, was regarded as undesirable.'" (Emphasis add”
1 later decision quote this exact passage · from the majority““The argument of petitioner that Act No. 205 of 1938 has rendered the above articles of the Code (Liberative Prescription of 10 years) inapplicable to mineral leases, and has changed the prescriptive period, well settled by jurisprudence, cannot be sustained. This recent act of the Legislature of Louisiana merely provides a remedy to a lessee in that it declares him to have a real right, assertible in the courts. It is procedural in character and does not change nor affect the substantive law.””
1 later decision quote this exact passage · from the majority
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.