Gallagher v. Gallagher’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. “"Excluding the husband's testimony, the evidence is uniform and convincing that Mr. Gallagher, while not guilty of physical cruel treatment, was guilty of such cruelty as to render their living together unbearable and insupportable within the meaning of Louisiana Civil Code Article (3) as interpreted by our jurisprudence. See Carriere v. Carriere (La.App. 3 Cir., 1962) 147 So.2d 668 and cases cited therein. We find the evidence supports the following nonexclusive acts: "1. Consistently absenting himself from his wife and matrimonial domicile and returning at all hours of the night without any explanation as to his whereabouts. "2. Engaging in social drinking with women other than his wife both in public and private and on some occasions when no other parties were present. "3. By consistently being cold and indifferent to his wife, even during the periods of her pregnancy and of the birth of her youngest child. "If the above enunciated acts of indiscretion had been isolated incidents our ruling might be different, but we are constrained to hold that the husband's conduct considered as a whole reflects a pattern of conduct constituting mental cruelty toward his wife which made their continued living together unbearable and justified her in moving out of the matrimonial domicile."”

   1 later decision quote this exact passage
   e.g. 190 So. 2d 916 - Gallagher v. Gallagher

2. “is a judicial determination that she is free from fault”

   1 later decision quote this exact passage
   e.g. 246 So. 2d 400 - Rayborn v. Rayborn