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← 271 SO2D 648 - Babington Children Trusts v. Eimer

Babington Children Trusts v. Eimer’s Empirical Analysis

1972

Citation profile

3
cited by 3 later decisions
1
states following
April 1974
most recently cited

3 state decisions

Relationships

Relies on Pittman v. Bourg · Churchill Farms, Inc. v. Gaudet · Ciaccio v. Hartman · Bonnabel v. Police Jury for Parish of Jefferson · 29 So. 2d 807 - Rathbun v. Barney

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

  1. “"Injunctive relief, under the applicable provisions of Chapter 2 of Title 1 of Book VII, to protect or restore possession of immovable property or of a real right, is available to: "(1) A plaintiff in a possessory action, during the pendency thereof; and "(2) A person who is disturbed in the possession which he and his ancestors in title have had for more than a year of immovable property or of a real right of which he claims the ownership, the possession, or the enjoyment."”
    2 later decisions quote this exact passage
  2. “(b) Injunctive relief is made available in two separate and distinct types of cases: (1) as an ancillary remedy in a possessory action; and (2) as the relief to be granted in an injunction suit brought to enjoin trespassers and other disturbers, and which is neither a possessory nor a petitory action. See Churchill Farms v. Gaudet, 184 La. 984 , 168 So. 123 (1936).”
    1 later decision quote this exact passage
  3. “Even if the judgment had been signed, it would not have favored plaintiff, as it would have been as of non-suit as indicated above and as a consequence thereof without prejudice to the rights of either party, LSA-C.C.P. art. 1673.”
    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.