Brown v. Brown’s Empirical Analysis
1984
Citation profile
1 state decisions
Relationships
Relies on 307 So. 2d 563 - Nethken v. Nethken · Pontchartrain Park Homes, Inc. v. Sewerage & Water Board · 390 So. 2d 262 - LeGlue Buick, Inc. v. Smith · 222 So. 2d 899 - Moses v. American Security Bank of Ville Platte · McGiffin & Co. v. Scapa Dryers, Inc.
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A judgment is an absolute nullity when there exists a vice of form. LSA-C.C.P. Article 2002, supra and the Official Comment to that article. A person with interest may show such nullity in collateral proceedings at any time and before any court, for absolutely null judgments are not subject to the venue and the delay requirements of the action of nullity. Nethken v. Nethken, 307 So.2d 563 (La.1975); Tannehill v. Tannehill, 226 So.2d 185 (La.App. 3 Cir.1969), cert. denied 254 La. 930 , 228 So.2d 485 (La.1969); Garnett v. Ancar, 203 So.2d 812 (La. App. 4 Cir.1967); Franz v. Franz, 315 So.2d 79 (La.App. 4 Cir.1975); American Bank & Trust Company v. Marbane Investments, Inc., 337 So.2d 1209 (La. App. 3 Cir.1976). A collateral attack is defined as an attempt to impeach the decree in a proceeding not instituted for the express purpose of annulling it. Nethken v. Nethken, supra . On the other hand, "a final judgment obtained by fraud or ill practices may be annulled ...". LSA-C.C.P. Article 2004. Such a judgment is not an absolute nullity; the nullity must be properly decreed within the time prescribed. The established jurisprudence of this State requires that such grounds be asserted in a direct action and not raised collaterally. Nethken v. Nethken, supra ; Pontchartrain Park Homes, Inc. v. Sewerage and Water Board of New Orleans, 246 La. 893 , 168 So.2d 595 (La.1964). What is meant by a "direct action" is that the party praying for the nullity of a judgment must bring his action ”
1 later decision quote this exact passage“proceedings for absolutely null judgments are not subject to the venue requirements of the action of nullity.”
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.