105 Ind. App. 440 - Ross v. Red Cab Co.’s Empirical Analysis
1938
Citation profile
4 state decisions
How this case has been cited
Cited by 6 later decisions — most recently August 1998
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wenning v. Teeple · Boulden v. McIntire · Bruns v. Cope · Teter v. Teter · Klein v. Laudman
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.
““ ‘ “There was no presumption that a marriage which was proved to have existed at one time in Germany continued to exist here after positive proof of a second marriage de facto here. The presumption of law is, that the conduct of parties is in conformity to law, until the contrary is shown. That a fact, continues in its nature, will be presumed to continue after its existence is once shown, is a presumption which ought not to be allowed to overthrow another presumption of equal if not greater force, in favor of innocence. . . . There was not any evidence that the first husband of Mrs. Klein was still living, but if this had been established, we think she was still entitled to the benefit of the favorable presumption that the first marriage had been dissolved by a divorce.” ’”
1 later decision quote this exact passage““Appellee, seeking to sustain the award, contends that the marriage of the appellant and the decedent Ross was void because of his prior marriage, but appellee failed to introduce any evidence to prove that the deceased had a wife living and undivorced when the ceremonial marriage between him and the appellant was consummated. In the absence of such proof the law presumes the validity of a ceremonial marriage. Teter v. Teter (1884), 101 Ind. 129 ; Boulden v. McIntire (1889), 119 Ind. 574 , 21 N. E. 445 ; Wenning v. Teeple (1895), 144 Ind. 189 , 41 N. E. 600 ; Bruns v. Cope (1914), 182 Ind. 289, 295 , 105 N. E. 471 ; Brokaw v. Brokaw (1933), 97 Ind. App. 607, 609 , 187 N. E. 691 ; Dunn v. Starke County Trust and Savings Bank, Exr. (1933), 98 Ind. App. 86 , 184 N. E. 424 .”
1 later decision quote this exact passage““ ‘The presumption of the death of the former husband or wife, in the case of second marriage, is only one of the many presumptions the law indulges in favor of the validity ■of the second marriage. As the authorities cited abundantly establish, every presumption is to be indulged as against the illegality of such a marriage. If the law will presume the termination of the former marriage relation by the death of one of the parties to it, why not indulge any other presumption which might legally terminate that relation? We think, where the facts are not such as to destroy such a presumption, that a dissolution of the first marriage, by divorce, will be presumed in favor of the validity of the second marriage.’”
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.