311 So. 2d 514 - Smith v. Smith’s Empirical Analysis
1975
Citation profile
13 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 2007
13 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 Barber Asphalt Paving Co. v. St. Louis Cypress Co. · Succession of McGuire · New Orleans Firefighters Ass'n Local 632 v. City of New Orleans · D. H. Holmes Co. v. Morris · Daigre v. Daigre
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Property acquired during the existence of the community of acquets and gains is presumed to be community property. The burden of overcoming this presumption rests upon the party asserting the separate and paraphernal nature of the property. To overcome this heavy burden, the proof must be clear, positive and of a legally certain nature that the property for some reason did not become a part of the community.”
2 later decisions quote this exact passage“"... A certificate of stock serves as prima facie evidence that the person to whom the certificate is issued is the owner of that stock.... The issuance of a certificate of stock by a corporation is a declaration by that company that the person in whose name the certificate is made out is a shareholder in the company." (Citations omitted.)”
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.