State v. Banta’s Empirical Analysis
2004
Citation profile
3
cited by 3 later decisions
1
states following
January 2013
most recently cited
3 state decisions
Relationships
Relies on Gulf Instrument Service, Inc. v. Drennan · 672 So. 2d 433 - Morris v. Thomason · 393 So. 2d 301 - City of Plaquemine v. Medlen
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.
“IfiArt. 3901. Definition Quo warranto is a writ directing an individual to show by what authority he claims or holds public office, or office in a corporation, or directing a corporation to show by what authority it exercises certain powers. Its purpose is to prevent usurpation of office or of powers. Art. 3902. Judgment When the court finds that a person is holding or claiming office without authority, the judgment shall forbid him to do so. It may declare who is entitled to the office and may direct an election when necessary.”
2 later decisions quote this exact passage“C.C.P. art. 3901 contemplates a challenge to (1) the authority of one to claim or hold a public office; (2) the authority of one to claim or hold an office in a corporation; and (3) the authority of a corporation to exercise certain powers. The article makes no mention of a challenge to the exercise of powers by one lawfully holding public office. C.C.P. art. 3902 provides for remedies when (1) the court finds that a person is holding or claiming a public or corporate office without authority; and (2) the court finds that a corporation is exceeding its powers. A court is not authorized to issue a remedy \ gander quo warranto relating to the exercise of powers by one lawfully holding public office.”
1 later decision quote this exact passage“A. An action objecting to the candidacy of a person who qualified as a candidate in a primary election shall be based on one or more of the following grounds: [[Image here]] (3) The defendant does not meet the qualifications for the office he seeks in the primary election. [[Image here]] (4) The defendant is prohibited by law from becoming a candidate for one or more of the offices for which he qualified.”
1 later decision quote this exact passagee.g. State v. Gibson
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.