Ross v. Ross’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the marriage was valid, it became so by virtue of the ceremony November 7, 1922, or by ratification after Motto’s restoration November 7, 1923. If the marriage was void, it became so by statutory edict or by plaintiffs insanity in fact. “The parties were of legal age and willing and statutory formalities were complied with, but was Motto disqualified, as a matter of law, because he was an adjudicated incompetent and under the restraints of active guardianship at the time of the ceremony? We answer this question in the negative. If marriage be viewed as an ordinary contract, and if full sway be accorded the literal terms of section 9404, plaintiff was shorn of power to marry between October 31, 1919, and November 7, 1923. Doubtless the guardian’s power was exclusive in the field of common contracts concerning money and property. . . . “Clearly the guardian must be free to act, without conflict or hindrance in all matters in which he is capable of acting, but his broad powers and duties necessarily falter at the gates of matrimony, whether it be designated a ‘contract’ or ‘a personal relation arising out of a civil contract.’ A prohibited marriage was considered in Hunt v. Hunt, 23 Okla. 490 , 100 P. 541 , and it was held that marriage ‘differs to such an extent from all other contracts in its consequences to the parties and to the public that the rule that prohibited and penalized contracts are void does not apply thereto.’ . . . “Legislative provisions concerning contract”

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