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← 355 SO2D 643 - Small v. Levy

Small v. Levy’s Empirical Analysis

1978

Citation profile

11
cited by 11 later decisions
1
states following
February 1998
most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently February 1998

11 state decisions

40197819801990decided

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 Emmons v. Agricultural Insurance Company · 276 So. 2d 297 - Budget Plan of Baton Rouge, Inc. v. Talbert · 342 So. 2d 191 - Swift v. State · 342 So. 2d 196 - City of New Orleans v. Lyons · 118 So. 2d 688 - Hewitt v. Webster

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

  1. “LSA-R.S. 42:76: “An action shall be brought in the name of the state in any of the following cases; ‘(1) When any person usurps, intrudes into, or unlawfully holds or exercises or attempts to remain in possession of any public office or franchise within this state. ‘This action shall be brought by the attorney general of the state or by the parish district attorney of the parish in which the case arises against the offender, and the suit shall be filed in the district court of that parish. ‘The action may also be brought by the governor appearing in proper person or through the attorney general of the state or other counsel he may select.’ ” LSA-R.S. 42:77: “In the cases provided in R.S. 42:76(1) and 42:76(2), the action may be brought by any person demanding possession of the office against any person claiming or exercising the functions of the office.””
    1 later decision quote this exact passage
  2. “"In its wisdom, the Legislature has granted the substantive right to test the right of a public officer to hold public office to the Attorney General, the District Attorney of the parish where the case arises, the Governor appearing in proper person or through the Attorney General or other counsel he may select or an individual who is claiming the office." (at p. 647)”
    1 later decision quote this exact passage
  3. “[W]ould "now serving" mean at the time the legislature passed the act, or the time the electorate approved it, or the time the constitutional amendment was promulgated and became effective?”
    1 later decision quote this exact passage · from the concurrence

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.