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← 107 SO2D 201 - Astor v. Astor

Astor v. Astor’s Empirical Analysis

1958

Citation profile

7
cited by 7 later decisions
2
states following
March 1988
most recently cited

7 state decisions

Relationships

Relies on Kovacs v. Brewer · Sutton v. Leib · 59 So. 2d 40 - Gordon v. Gordon · Krause v. Krause · Prall v. Prall

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. “"* * * We must answer that question in the negative. This is so because the Florida decree, which, in effect, held that Astor was estopped to use the invalidity of his Mexican divorce as a shield against Dolores' claim for separate maintenance or as a sword to terminate his obligation for her support and denying Astor's counterclaim for annulment on the same basis, continues binding on him, and is res judicata as to these parties. [Authorities cited.] The estoppel imposed on Astor by the Florida decree was broad enough to cover any and all methods by which Astor might have sought to prove or establish the invalidity of the Mexican divorce, and it is sufficient, as implemented by res judicata, to cover the effort in the instant case to establish the invalidity of the Mexican divorce by showing the New York decree so holding, entered in a suit to which Dolores was not a party. * *"”
    1 later decision quote this exact passage
  2. “The defendant, asserting that he has not been divorced from a former wife because the decree of a Mexican court sought and obtained by him is void, contends that the parties are not husband and wife. The contention, in my opinion, is not tenable. It is my view that he cannot question the validity of the Mexican decree because he not only sought and procured it, but took advantage of it by remarrying.”
    1 later decision quote this exact passage
  3. “"The determinative question is whether the later New York decree invalidating Astor's Mexican divorce, entered in a suit by Gertrude against Astor to which Dolores was not a party, compelled the chancellor in the instant case to vacate the earlier Florida separate maintenance decree. * * *"”
    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.