Austin v. Austin’s Empirical Analysis
1924
Citation profile
2 federal appellate · 62 state decisions
How this case has been cited
Cited by 66 later decisions — most recently November 1990 · most notably Boblitz v. Boblitz (1983), McLaurin v. McLaurin Furniture Co. (1933)
2 federal appellate · 62 state decisions — followed in 22 states
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 Thompson v. Thompson · Jessie Thompson v. Charles N Thompson · Rogers v. Rogers · Peters v. Peters · Abbott v. Abbott
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The legislature shall never create by law any distinction between the rights of men and women to acquire, own, enjoy, and dispose of property of all kinds, or their power to contract in reference thereto. Married women are hereby fully emancipated from all disability on account of coverture. But this shall not prevent the legislature from regulating contracts between husband and wife; nor shall the legislature be prevented from regulating the sale of homesteads.”
3 later decisions quote this exact passage · from the majority“Our Constitution and statutes on the subject [the emancipation of women] were enacted for the purpose of striking down the inequalities existing between husband and wife. The intent was to put the wife on the exact equality with her husband-to emancipate her from the common-law slavery to her husband.”
1 later decision quote this exact passage · from the majority“At common law there was no right of action either by husband or wife against the other for a personal tort”
1 later decision quote this exact passage · from the majority
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.