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← 272 SO2D 326 - Buckner v. Carmack

Buckner v. Carmack’s Empirical Analysis

1973

Citation profile

34
cited by 34 later decisions
1
states following
December 2019
most recently cited

2 federal appellate · 27 state decisions

How this case has been cited

Cited by 34 later decisions — most recently December 2019 · most notably Cobb v. Miller (1987), First Guar. Bk. v. Baton Rouge Petroleum Center, Inc. (1988)

2 federal appellate · 27 state decisions

13019731980199020002010decided

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 Fuentes v. Shevin · D. H. Overmyer Co., Inc. of Ohio v. Frick Co. · Bank of Columbia v. Okely · Fleitas v. Richardson · C. I. T. Leasing Corp. v. Bar-Tender of Louisiana, Inc.

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

  1. ““An examination of Louisiana procedures points up valid distinctions between them and those of Florida and Pennsylvania. A writ of seizure and sale in Louisiana is issued by a judge of a court of proper venue. To justify the issuance of the writ, the plaintiff must make a proper showing to the reviewing judge.” “The judge must satisfy himself that the plaintiff’s petition is supported by authentic evidence of (1) the instrument evidencing the mortgagor’s indebtedness; (2) the Act of Mortgage or privilege containing a confession of judgment; and (3) any other instruments necessary to complete proof of plaintiff’s right to use executory process. L.S.A.-C.C.P. Art. 2635.” Ibid. Ibid. 272 So.2d 326, 330 .”
    2 later decisions quote this exact passage
  2. “... in rem by the holder of a mortgage or privilege evidenced by an authentic act importing a confession of judgment to effect the seizure and sale of the encumbered property.... It is a civil law remedy, having no counterpart in the common law. Its procedural bases are the debtor's confession of judgment ... supporting authentic evidence; and a determination by a judge that the submissions are adequate for the seizure and sale of the encumbered property to satisfy the debt.”
    2 later decisions quote this exact passage
  3. “Its procedural bases are the debtor’s confession of judgment before a notary public and two witnesses; supporting authentic evidence; and a determination by a judge that the submissions are adequate for the seizure and sale of the encumbered property to satisfy the debt. [[Image here]] The judge must satisfy himself that the plaintiffs petition is supported by authentic evidence of (1) the instrument evidencing the mortgagor’s indebtedness [the Note]; (2) the Act of Mortgage or privilege containing a confession of judg ment; and (B) any other instruments lnnecessary to complete proof of plaintiffs right to use executory process. LSA-C.C.P. Art. 2635.”
    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.