107 N.C. App. 366 - Schultz v. Schultz’s Empirical Analysis
1992
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently June 2018
24 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 Coastal Ready-Mix Concrete Co, Inc. v. Board of Commissioners of Town of Nags Head · Matter of Estate of Adamee · 88 N.C. App. 297 - Hall v. Hall · CAROLINA BUILDERS CORPORATION v. Howard-Veasey Homes, Inc. · Harris v. Harris
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Resumption of marital relations' shall be defined as voluntary renewal of the husband and wife relationship, as shown by the totality of the circumstances . Isolated incidents of sexual intercourse between the parties shall not constitute resumption of marital relations.”
2 later decisions quote this exact passage“There are two lines of cases regarding the resumption of marital relations: those which present the question of whether the parties hold themselves out as man and wife as a matter of law, and those involving conflicting evidence ....”
2 later decisions quote this exact passage“two lines of cases regarding the resumption of marital relations: those which present the question of whether the parties hold themselves out as [husband] and wife as a matter of law, and those involving conflicting evidence such that mutual intent becomes an essential element. See Hand v. Hand, 46 N.C.App. 82 , 264 S.E.2d 597 , disc. review denied , 300 N.C. 556 , 270 S.E.2d 107 (1980).... The first method, represented by In re Estate of Adamee, 291 N.C. 386 , 230 S.E.2d 541 (1976), requires the presence of substantial objective indicia of cohabitation as [husband] and wife. When such evidence exists, the trial court may find that the parties have reconciled as a matter of law. The second method, on the other hand, exemplified by the Hand decision, involves conflicting evidence; the subjective mutual intent of the parties, therefore, becomes an essential element.”
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.