352 So. 2d 282 - Gathright v. Smith’s Empirical Analysis

Citation profile

4 state decisions

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

1. “"Plaintiff, Louie Gathright, brought suit for a declaratory judgment against Margie Smith Lawrence and Talmadge A. Smith who are the only children and heirs of Clara Pearl Breland Smith (also known as Clara Gathright). He alleged that at the time of his marriage to Clara Smith she was not divorced from either of her two former husbands and was not capable of contracting a valid marriage with him. Plaintiff alleged he was unaware of this incapacity until after her death on January 14, 1973. He further alleged the decedent was in bad faith in contracting the marriage with him, and under La.C.C. Art. 118 she was not entitled to the civil effects of the marriage. Accordingly plaintiff contended the defendants had no rights of ownership in any of the property acquired during the existence of the null relationship. Defendants denied the nullity of the marriage and sought to show that in any event their mother was a good faith putative wife entitled to the civil effects of the marriage. The facts show that prior to decedent's marriage to plaintiff in 1942, she had contracted two former marriages. The first to Alexander F. Smith in St. Tammany Parish on April 20, 1920. Defendants were born of this marriage. Shortly after the birth of the second child, decedent and Smith separated. Smith did not obtain a divorce from decedent until March 13, 1963, in Orleans Parish. On November 4, 1930, decedent purported to marry John Turner in Arkansas and lived with him until 1933 or 1934 when they”

   1 later decision quote this exact passage
   e.g. 368 So. 2d 679 - Gathright v. Smith

2. “". . . in 1955, decedent and plaintiff moved to California where they acquired two pieces of real property as `joint tenants.' In late 1967, and early 1968, they sold the California properties, and from the money received purchased three pieces of property in and around Bastrop, Louisiana. Those properties were conveyed to `Louie Gathright, a married man whose wife is Mrs. Clara Gathright, nee Breland.' They moved back to Bastrop during 1968, and in 1969 acquired a fourth piece of property which was conveyed to `Louie Allen Gathright and Mrs. Clara Gathright, nee Breland, husband and wife.'. . . " 352 So.2d at 286 .”

   1 later decision quote this exact passage
   e.g. 368 So. 2d 679 - Gathright v. Smith

3. “that she contributed to the funds used to purchase the property, and that these funds were obtained independently of the relationship or common endeavor of her putative husband, is not an unconstitutional denial of equal protection. The burden applies equally to a bad faith husband when he occupies the position of the wife in the case at bar. 5) The principal issue presented by this rehearing concerns whether the wife has discharged the burden of”

   1 later decision quote this exact passage
   e.g. 368 So. 2d 679 - Gathright v. Smith