Gates v. Gates’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While none of the authorities to which we have heretofore referred deals with the exact situation confronting us at the moment the principles involved are similar in character, and it must follow that if the trial docket, the journal entry of judgment and the court journal may be corrected by a court to speak the truth, it may, where the question of whether or not it has actually rendered a judgment is raised by motion to reopen the case and permit additional testimony, determine that matter on personal recollection of what its decision was at the time the case was before it. To hold otherwise would only result in confusion and intolerable consequences. We therefore hold that judgment for divorce and custody of tire minor child was rendered on June 4, 1943, as found by the trial court and that its decision on that factual question was conclusive and is not open for review on appeal.” (p. 435.)”

   1 later decision quote this exact passage · from the majority
   e.g. Ramsey v. Hand

2. ““Under the provisions of G. S. 1947 Supp., 60-1511, when a husband is granted a divorce by reason of the fault or aggression of the wife, the division of property to be made between the parties, irrespective whether such property has been jointly acquired or is the separate property of the husband, is a matter which rests in the sound judicial discretion of the trial court. “A division of property made by a trial court in a divorce proceeding will not be disturbed on appellate review unless it appears the pertinent statute has been disregarded or clearly shown the trial court’s action in making such division is so unjust and unreasonable as to constitute an abuse of discretion.” (Syl. H 1 and 2.)”

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

3. ““. . . A judgment is one thing. The record of a judgment is a different thing, and what purports to be the record of a judgment may or may not be correct. When the question of correctness of the record is raised, the court must determine the matter as any other question of fact, except that the court’s own knowledge of what the judgment was may be utilized and may be conclusive.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re the Estate of Penn