Le Blanc v. Rock’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * Reichard v. Michinard, 33 La.Ann. 380 , held that defendant could not urge in the subsequent deficiency judgment proceedings the alleged invalidity of the earlier sheriff's sale under executory process (for selling the seized property en bloc, rather than by lots) when he had failed as was his right to protest the defects at time of sale. Brown v. Freret, 10 Orleans App. 150, held that a defendant who permits without opposition the execution of judgment, cannot thereafter contest its validity. While these latter two cases might be authority for the proposition that present defendants, having permitted the seizure and sale under executory process without opposition, cannot subsequently attack the validity of the order for seizure and sale, the seizure, or the sale; they are not authority for the proposition that defendants are estopped to assert defenses to monied judgment against them, sought for the first time in the present deficiency proceedings."”

   1 later decision quote this exact passage
   e.g. Bourgeois v. Sazdoff

2. ““Executory process, Code Prac. arts 732-753, is a procedure of seizure and sale of property mortgaged by ‘confession of judgment’, executed before a notary and two witnesses, Article 733, C.P., ‘on a simple petition, and without a previous citation of the debtor,’ Article 734, C.P. However, at least three days notice of this order of seizure must be given to the debtor, Articles 735, 736, C.P. While technically executory process is not an in rem proceeding, it seeks immediate foreclosure of property thus solemnly mortgaged and does not assert any demand for personal liability of the debtor over the value of the property.””

   1 later decision quote this exact passage
   e.g. 135 So. 2d 649 - Bickham Motors, Inc. v. Crain