McKnight v. State’s Empirical Analysis

Citation profile

1 federal appellate · 16 state decisions

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

1. “"In Louisiana the doctrine of res judicata is much more restricted than at common law. (Citing case) With us it is of statutory declaration, and its scope is defined and limited by the provisions of Revised Civil Code Article 2286. (Citing cases) The authority of the thing adjudged, hence, must be tested by the three requisites of that article. "These three requisites are: "1. The thing demanded must be the same; "2. The demand must be founded on the same cause of action; "3. The demand must be between the same parties, and formed by them against each other in the same quality. "It cannot be disputed that the first two of these requisites are met here. The dispute involves the third requisite. "Plaintiff's able and elaborate brief cites and discusses an abundance of authorities which support the pronouncement of the Supreme Court in the Durmeyer [v. Streiffer, 215 La. 585 , 41 So.2d 226 ] Case. However, as far as I can determine, none of these authorities covers the precise question here involved; Can this plaintiff maintain an action against the State, based entirely on a charge of negligence on the part of three officers, all of whom have been judicially exonerated from any degree of actionable negligence by the Ninth Judicial District Court, with its decree affirmed by the Court of Appeal? "A definite exception to the third requisite set forth in LSA-Civil Code Article 2286, appears to be made in the case of Muntz v. Algiers & Gretna Street R. Co., 116 La. 236 , 40 So. 688”

   1 later decision quote this exact passage
   e.g. 116 So. 2d 57 - Williams v. Marionneaux

2. “"Whenever the Legislature shall authorize suit to be filed against the State it shall provide the method for citing the State therein and shall designate the court or courts in which the suit or suits authorized may be instituted and may waive any prescription which may have accrued in favor of the State against the claim or claims on which suit is so authorized. The procedure in such suits, except as regards citation and original jurisdiction, shall be the same as in suits between private litigants, but no judgment for money rendered against the State shall be satisfied except out of monies appropriated by the Legislature for the purpose. For the purpose of such suits the State shall be considered as being domiciled in the Capitol. No such suit shall be instituted in any court other than a Court of Louisiana. Except as otherwise specially provided in this section, the effect of any authorization by the Legislature for a suit against the State shall be nothing more than a waiver of the State's immunity from suit insofar as the suit so authorized is concerned." (Italics ours.)”

   1 later decision quote this exact passage
   e.g. St. Julian v. STATE, DEPT. OF INSTITUTIONS

3. “"The authority of the thing adjudged takes place only with respect to what was the object of the judgment. The thing demanded must be the same; the demand must be founded on the same cause of action; the demand must be between the same parties, and formed by them against each other in the same quality."”

   1 later decision quote this exact passage
   e.g. 340 So. 2d 287 - Mitchell v. Bertolla