Cunningham v. Cunningham’s Empirical Analysis
1931
Citation profile
3 federal appellate · 111 state decisions
How this case has been cited
Cited by 114 later decisions — most recently December 2013 · most notably Moreno v. Sterling Drug, Inc. (1990), Sanchez v. Schindler (1983)
3 federal appellate · 111 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 Pain v. . Pain · 37 Tex. Crim. 539 - Ex Parte Ellis
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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]he Legislature must be regarded as intending statutes, when repeatedly re-enacted, as is the case here, to be given that interpretation which has been settled by the courts. Love v. Wilcox [ 119 Tex. 256 ] 28 S.W.(2d) 515, 524 (11) [ 70 A.L.R. 1484 ]; Pearson v. West, 97 Tex. [238] 239, 77 S.W. 944 .” Cunningham v. Cunningham, 120 Tex. 491 , 40 S.W.2d 46 , 75 A.L.R. 1305 (1931).”
4 later decisions quote this exact passage · from the majority“"It thus appears that it was originally the public policy of the Republic to confer authority on the district court to compel either spouse to provide the other with proper maintenance. "After a brief time, the Congress enacted a change in the public policy of the Republic, disclosed by sections 8, 6, 13, and 4 of the Act of January 6, 1841, which have been continuously re-enacted in substance, and are now embodied in articles 4637, 4636, 4639, and 4638 [V.A.C.S.]"”
2 later decisions quote this exact passage · from the majority““* * * Instead the court is to do complete equity as between the husband and wife and the children, having due regard to all obligations of the spouses and to the probable future necessities of all concerned. For the purpose of doing equity, the court may award all the personal property to either spouse, and may subject the income, rents, or revenues of all real estate, belonging to either or both of the spouses to the support of either or both of them, or to the education and support of the children.” Article 4638, V.A.C.S., reads: “The court pronouncing a decree of divorce shall also decree and order a division of the estate of the parties in such a way as the court shall deem just and right, having due regard to the rights of each party and their children, if any. Nothing herein shall be construed to compel either party to divest himself or herself of the title to real estate.” Section 2, Art. 4639a, V.A.C.S., reads: “This Act shall be cumulative of all other laws upon the same subject, and is not intended to repeal any other law upon the subject of the care or support of such minors.””
1 later decision quote this exact passage · from the majoritye.g. Bohn v. Bohn
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.