307 So. 2d 611 - Cortes v. Fleming’s Empirical Analysis
1974
Citation profile
22 state decisions
How this case has been cited
Cited by 23 later decisions — most recently September 2004
22 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 Smith v. Smith · Pisciotto v. Crucia · Funderburk v. Funderburk · Brown v. Harris · Prince v. Hopson
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"We have broadly construed the putative marriage provision of our Civil Code in favor of the children of the marriage and the parties in good faith in determining the civil effects of such a marriage. The jurisprudence has declared the following to be civil effects which flow from putative marriage: the legitimacy of the children. Succession of Chavis, 211 La. 313 , 29 So.2d 860 (1947); Succession of Gibson, 186 La. 723 , 173 So. 185 (1937); Miller v. Wiggins, 149 La. 720 , 90 So. 109 (1921); Texas Co. v. Stewart, 101 So.2d 222 (La.App. 4th Cir. 1958); the right of the putative wife to claim workmen's compensation from her husband's employer. Fulton Bag and Cotton Mills v. Fernandez, 159 So. 339 (La.App. 4th Cir. 1935). See also Jackson v. Swift and Co., 151 So. 816 (La.App. 2nd Cir. 1934); the right of the putative wife to her proportionate share of the community property. Texas Co. v. Stewart, supra ; Prince v. Hopson, 230 La. 575 , 89 So.2d 128 (1956); Succession of Fields, 222 La. 310 , 62 So.2d 495 (1952); Succession of Chavis, supra ; Patton v. City of Philadelphia and New Orleans, 1 La. Ann. 98 (1846); the right of the putative wife to inherit as a wife in the succession of her husband. Succession of Navarro, 24 La.Ann. 298 (1872); Kimball v. Folsom, 150 F.Supp. 482 (D.C. 1957); the right of the putative wife to be considered as the "widow" under her husband's insurance policy. Jones v. Equitable Life Assurance Society of the United States, 173 So.2d 373 (La.App. 1st C”
1 later decision quote this exact passage““Thus, it is recognized that the null marriage, contracted in good faith, produces its effects, as if it had been valid until the judicial sentence declares it to be null. The sentence terminates the marriage, as would a divorce. The marriage henceforth produces no effect. But those it had produced subsist. ... In other words, on account of the good faith of the parties, the nullity takes place without retroactivity. Such a marriage is called a putative marriage (putativus, deemed to be what it is not).” Planiol no. 1093 at 615.”
1 later decision quote this exact passage · from the majority“"The marriage, which has been declared null, produces nevertheless its civil effects as it relates to the parties and their children, if it has been contracted in good faith."”
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.