393 So. 2d 85 - Roper v. Dailey’s Empirical Analysis
1981
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently June 2018 · most notably 874 So. 2d 90 - Hall v. Folger Coffee Co. (2004), Veillon v. Veillon (1987)
26 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 Jordan v. Travelers Insurance Company · Canterberry v. Slade Brothers · Logwood v. Logwood · Baham v. Stewart Bros. & Co. · Sims v. First Nat. Bank of Ruston
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A return of citation is prima facie evidence of service. La.C.C.P. Arts. 324, 1292; La.R.S. 13:3471(5); Hood Motor Company, Inc. v. Lawrence, 334 So.2d 460 (La.App. 1st Cir. 1976) writ denied [La.], 338 So.2d 288 ; Martinez v. Silverman, 288 So.2d 88 (La.App. 4th Cir. 1974); Smith v. Crescent Chevrolet Co., 1 So.2d 421 (La. App. 1st Cir. 1941). The return of the officer on the citation is given great weight and the burden rests on the party attacking it to establish otherwise by clear and convincing evidence. Canterberry v. Slade Brothers, 232 La. 1081 , 96 So.2d 4 (1957); League Central Credit Union v. Gagliano, 336 So.2d 931 (La.App. 4th Cir. 1976); Spinks v. Caddo-Bossier Services, Inc., 270 So.2d 604 (La.App. 2nd Cir. 1972). A return of citation cannot be impeached by the uncorroborated testimony of a single witness, Canterberry v. Slade Brothers, supra, League Central Credit Union v. Gagliano, supra, Guedry Finance Company v. Breland, 192 So.2d 884 (La.App. 4th Cir. 1966), and it cannot be impeached by the uncorroborated testimony of the party upon whom service is stated to have been made by the officer. Canterberry v. Slade Brothers, supra; Hood Motor Company, Inc. v. Lawrence, supra; Guedry Finance Company v. Breland, supra; Smith v. Crescent Chevrolet Co., supra; Martinez v. Silverman, supra; Sims v. First National Bank of Ruston, 177 La. 386 , 148 So. 505 (1933); Logwood v. Logwood, 185 La. 1 , 168 So. 310 (1936). Furthermore, the rule has arisen in the jurisprudenc”
3 later decisions quote this exact passage“[W]e do not view the rule which disallows negative testimony by the serving officer to be so inflexible as to preclude information that may establish a pattern or practice of service at variance with statutory requirements. The officer should be able to explain to the court the underlying mode of operation which results in the return of a citation. It is then for the court to decide whether that mode of operation complies with the law of service of process.”
1 later decision quote this exact passage“A final judgment shall be annulled if it is rendered: [[Image here]] Against a defendant who has not been served with process as required by law and who has not waived objection to jurisdiction, or against whom a valid judgment by default has not been taken.”
1 later decision quote this exact passagee.g. Kaough v. Henry
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.