Cox v. Cox’s Empirical Analysis

Citation profile

1 federal appellate · 16 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . . [T]he husband's consortium 'includes the performance by a wife of her household and domestic duties, in the sense of whatever is necessary in such respect according to their station in life, without compensation therefor. * * * It has been said that by entering into the marriage she impliedly agrees to perform such services without compensation. * * *' It is upon the basis of the foregoing principle that courts have generally allowed the parent's action by the father to embrace a recovery for the gratuitous nursing services performed for the injured child by the mother.”

   2 later decisions quote this exact passage
   e.g. 298 So. 2d 704 - Miller v. Miller · Wright v. Standard Oil Co.

2. “"Under the law of this State, in the absence of evidence showing that [the wife] is ill, or that there was some other legitimate compelling reason requiring her to live separate and apart from her husband—[the husband] is not required to pay her alimony, separate maintenance, or to support her, so long as she wrongfully refuses to return to her conjugal duties."”

   2 later decisions quote this exact passage
   e.g. Smith v. Smith · 767 So. 2d 277 - Graham v. Graham

3. “* * * And the general rule is that alimony will not be allowed to the wife unless the decree for divorce is in her favor. The rule has been modified in a number of instances. The statute permits the allowance of alimony to the wife when a decree for divorce is rendered. Under some circumstances it has been held that it is equitable and just to allow alimony to a wife whose conduct brought about the dissolution of the marriage and this should be decided by the chancellor acting within sound judicial discretion. It has been held that where the wife is without estate and has no means of support it would not be an abuse of discretion for the chancellor to award the wife alimony where the husband obtains the divorce. And it would seem that where the wife contributed to the accumulation of the property of the husband, she should be allowed a reasonable sum as her share of the property. It has been held that where the wife is sick and unable to earn a livelihood and where the husband is at least partially at fault in bringing about the marital wreck, the statute is sufficiently broad by implication to authorize the chancellor to grant alimony to the wife. It should be emphasized that the general rule is that alimony should not be granted to the wife where the separation and divorce are brought about by her acts and conduct. The rule is a sound one and is based on the proposition that a husband is entitled to have his wife receive her support in his home while she is discharging the ”

   1 later decision quote this exact passage
   e.g. 241 So. 2d 366 - Russell v. Russell