Klemenc v. Klemenc’s Empirical Analysis

Citation profile

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

1. ““A party desiring to appeal from a judgment granting a divorce must, within ten days after such judgment, file in the office of the clerk of the district court a written notice stating that it is the intention of such party to appeal, and if such notice is filed the party filing the same may commence proceedings on appeal at any time within four months from the date of the decree appealed from.” (Syl. 1.) “The filing of a notice of intention to appeal is a condition precedent to the right of appeal.” (Syl. 2.) "A judgment for divorce and a judgment for alimony or for division of property rendered in connection therewith are so far separate and independent that notwithstanding the party desiring to appeal may be precluded from having a review of the judgment for divorce because of his failure to give timely notice of his intention to appeal, yet he may have a review of the alimony or property features under the general provisions of the code of civil procedure.” (Syl. 3.)”

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

2. ““Had the plaintiff intended to appeal from the judgment of the trial court granting the divorce to the defendant, it was incumbent on her to file the notice of intention to appeal from it within ten days. This she did not do. The notice she did file was of her intention to appeal from so much of the judgment as divided the property. There was no necessity for her to file such a notice. She had two months to appeal from that judgment. (See G. S. 1947 Supp. 60-3309.) The notice of intention to appeal, which she filed May 19, 1947, was a nullity. There was no necessity for her to file it in order to appeal from so much of the order as had to do with the property.” (p. 652.)”

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