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← 469 SO2D 1147 - Carr v. Masters

Carr v. Masters’s Empirical Analysis

1985

Citation profile

6
cited by 6 later decisions
1
states following
October 2015
most recently cited

5 state decisions

Relationships

Relies on Marine Services, Inc. v. A-1 INDUSTRIES · 213 F. Supp. 457 - Frazell v. United States

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

  1. “We reject Carr’s argument that Ms. Masters’ pleading was nothing more than an attempt to plead the dilatory exception of prematurity after it had been waived by filing the answer. Masters objects to a more fundamental defect than mere prematurity. Although she complains of the suit to partition as “premature” before dissolution of the partnership, it is premature because there can be no cause of action by one partner against another on partnership matters. To find that Masters waived an objection to such a serious defect in the suit would allow Carr to proceed with a cause of action that is legally nonexistent.”
    1 later decision quote this exact passage
  2. “First, the parties must have mutually consented to form a partnership and to participate in the profits which may accrue from property, skill or industry, furnished to the business in determined proportions by them. Secondly, all parties must share in the losses as well as the profits of the ven- • ture. Thirdly, the property or stock of the enterprise must form a community of goods in which each party has a proprietary interest.”
    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.