Longbotham v. Longbotham’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute (R. L. 1905, § 3590) provides that the court may order and decree to the wife ‘such part of the personal and real estate of the husband, not exceeding in value one-third thereof, as it deems just and reasonable, having regard to the ability of the husband, the character and situation of the parties and all other circumstances of the case.’ The word ‘part’ is used in this statute in its broadest sense and as the equivalent of share or portion. We so construe the statute, and hold that it authorizes the court to award to the wife as permanent alimony a gross sum, or a specific part of the husband’s real and personal property in severalty, or an undivided part of the whole thereof, not exceeding in value one-third of his property, as the court may find to be for the best interests of the wife under the circumstances of each particular case.” (Italics supplied.)”

   1 later decision quote this exact passage
   e.g. Maust v. Maust

2. ““Insanity is a defense to an action for a. divorce on the ground of cruel and inhuman treatment, if at the time the alleged acts of cruelty were committed the defendant was laboring under such a defect of reason as not to know the nature of his acts or that they were wrong.””

   1 later decision quote this exact passage
   e.g. Dankers v. Dankers

3. ““* * * The court, however, should award to the wife an undivided part of the husband’s property with caution, for the tendency of such an award is to excite strife and litigation between the divorced parties.””

   1 later decision quote this exact passage
   e.g. Maust v. Maust