Harding v. Harding’s Empirical Analysis

Citation profile

2 federal appellate · 8 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . • She at all times, however, insisted upon her claim that the Illinois judgment constituted a full defense, and introduced the record of the Illinois proceedings in evidence, and relied upon the same as a complete defense and there is nothing to indicate any intention to waive the benefit of the Illinois judgment, unless such intention was manifested by defendant’s failure to interpose any objection to such evidence as was offered by plaintiff upon the question of residence and desertion, her cross-examination of plaintiff’s witnesses upon the subject, and the introduction by her of evidence tending to disprove the allegation of desertion. It is manifest that, under the circumstances, these facts indicated no intention on the part of defendant to waive the benefit of the Illinois judgment. . . . Under our system she had the right to set forth, prove, and rely upon as many defenses as she had (Code Civ. Proc., sec. 441; Banta v. Siller, 121 Cal 414, 417, ( 53 Pac. 935 ); Miles v. Woodward, 115 Cal. 308, 315 , and we know of no rule of law that required her to elect between her two defenses, even had the plaintiff asked the court to compel her so to do, which he did not. “. . . But whatever construction may be put upon Megerle v. Ashe, 33 Cal. 74 , and the later case of Hicks v. Lovell, 64 Cal. 14, 22 , where something is said that might be construed as an approval of the statement quoted from the former case, we are satisfied that, under our system, a defendant does not w”

   1 later decision quote this exact passage
   e.g. Araújo de Jiménez v. Arenas