Bossier Enterprises, Inc. v. Carbone’s Empirical Analysis
1953
Citation profile
6
cited by 6 later decisions
1
states following
February 1969
most recently cited
6 state decisions
Relationships
Relies on Bruning v. City of New Orleans · 29 La. Ann. 630 - Sheen v. Stothart · Swaggerty v. Lillie · Williams v. Harmanson · Martin v. City of Lafayette
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.
““In Cutrer v. Spring, La.App. 1941, 4 So.2d 106 -108, the following , interpretation was placed on Article 47 of the Code of Practice: “ ‘Article 47 of the Code of Practice provides that the persons entitled to bring the possessory action are those who possess as owners, persons entitled to the usufruct or use of the real property, and others having real rights growing from such.real estate. While the, question of title is not an issue in a possessory action, yet if the plaintiff in such an action bases his right to resort to the action to he restored to the possession of the property which' .he possessed .as owner and refers to a title under which the quality and character of his possession is fixed, the title does then become relevant to show the nature and quality of the possession which was disturbed. If the title on which the possession is.based shows that the plaintiff; does not possess as owner, or in one of the other qualities necessary to give a right to resort to this form of action, the court will give effect to the title and deny the .plaintiff the right.to resort to the possessory action. Sallabah v. Marsh, 34 La.Ann. 1053 ; Williams v. Harmanson, Agent, 41 La.Ann. 702 , 6 So. 604 .’ “See also Article 3436 of the LSA-Civil Code; Foreman v. Fryerson, 1914, 135 La. 221 , 65 So. 131 ; Winsey V. Bourgeois, 1933, 177 La. 919 , 149 So. 519 ; Hearne v. Miller, 1931, 18 La.App. 551 , 136 So. 151 ; Buckley v. Dumond, La.App. 1934, 156 So. 784 ; Bruning v. City of New Orle”
1 later decision quote this exact passagee.g. Dixon v. Zemurray“possession is a fact and each case must rest upon its own peculiar circumstances”
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.