105 Ga. App. 107 - Wright v. Lester’s Empirical Analysis

Citation profile

5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Martin v. Ball case supra, was decided in 1923, McMillan v. Smith, supra, was decided in 1933, and Hosford v. Hosford, supra, in 1938. None of these cases has been overruled. In 1945 this State adopted and ratified a new Constitution which, in Art. XII, Sec. I, declares the laws of general operation in this State. Par. V. of this article ( Code Ann. § 2-8005) provides, `All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed. . .' Clearly, this provision of the Constitution approved these prior decisions and gave to them the force of law in this State, whatever the rule in Blackstone's day might have been. Since the Constitution of 1945 was adopted, other decisions, particularly Gross v. Lipton, 92 Ga. App. 38 , supra [ 87 SE2d 438 ] have held that the gist of the action for alienation of affections is the loss of consortium, and this where adultery was not alleged.”

   1 later decision quote this exact passage
   e.g. Wright v. Lester

2. “While as a general proposition the rule admittedly is that where the facts alleged are within the knowledge of the party interposing the special demurrer, the opposing party is not required to plead such facts, we feel that an exception should be made to this rule in the case of an action for alienation of affections. A great many jurisdictions have abolished this and kindred actions such as criminal conversation, seduction, and breach of promise to marry. The reasons usually assigned for the abolition of these actions are that they have afforded a fertile field for blackmail and extortion by means of manufactured suits in which the threat of publicity is used to force a settlement. Prosser on Torts, 2d Ed., § 103, p. 697.”

   1 later decision quote this exact passage
   e.g. Wright v. Lester

3. “. . . counsel contends that alienation of affections was not a substantive cause of action at the common law, and thus that there is in Georgia no cause of action for alienation of affections arising from loss or injury to the right of consortium except upon a showing of adultery, abduction, harboring, or enticement. With this contention we do not agree.”

   1 later decision quote this exact passage
   e.g. Wright v. Lester