McBride v. McBride’s Empirical Analysis

Citation profile

5 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant Jacob seems to rely on the contention that if the one seeking to establish the existence of a common-law marriage is not one of the contracting parties, then it is necessary only to prove cohabitation and general repute. However, the decisions of the Supreme Court appear consistent in the view that the fundamental element of a common-law marriage is the agreement of the parties and that the agreement must be mutual and actually consummated. Proof of such an agreement is essential regardless of who attempts to establish the existence of the common-law marriage. The rule of LeBlanc and Edge is merely to the effect that such an agreement should be established by the ‘best evidence’, when such is available. When it is not, then the agreement may be established by proof of cohabitation and repute.””

   1 later decision quote this exact passage · from the majority
   e.g. 135 So. 2d 13 - Hind v. Whitley

2. “Appellant Jacob takes the position that there was sufficient evidence to establish existence of the common-law marriage and that the burden therefore shifted to Ola Mae to prove the non-existence thereof. However, appellant overlooks the rule that there is presumption in favor of the validity of a second marriage and when one seeks to overcome such presumption the burden rests upon him.”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Heckler