Cavanaugh v. Rea’s Empirical Analysis
1925
Citation profile
7 federal appellate · 59 state decisions
How this case has been cited
Cited by 82 later decisions (1 by the Supreme Court) — most recently January 2013 · most notably United States v. Robbins (1926), 48 Cal. App. 2d 762 - Falk v. Falk (1941)
7 federal appellate · 59 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Fanning v. Green · Estate of Rolls · Freese v. Hibernia Savings & Loan Society · Stafford v. Martinoni · Rowe v. Hibernia Savings & Loan Society
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““That portion of section 164 of the Civil Code which prescribes the rules of presumptions in community property cases provides as follows: ‘All other property acquired after marriage by either husband or wife, or both, ... is community property.’ . “ ‘The disputable presumption raised by section 164 of the Civil Code is a form of evidence under the express terms of section 1957 of the Code of Civil Procedure, It may be controverted by other evidence, direct or indirect, but unless so controverted the court or jury is bound to find according to the presumption.’ (Stafford v. Martinoni, 192 Cal. 724 [ 221 P. 919 ].) “ ‘The community [property] genetically embraces all property belonging to the spouses, except such as the statute specifically removes from its operation. Community property is the rule, separate property the exception thereto. Henee the presumption . . . follows. . . (Ballinger on Community Property, p. 213.) “ ‘No evidence of sufficient strength was adduced at the trial to overcome the presumption created by section 164 of the Civil Code. ... The presumption of the wife’s community interest in property acquired after marriage can be overcome only by the production of clear and satisfactory proof that the property in question was the separate property of the wife.’ (Estate of Rolls, 193 Cal. 594 [ 226 P. 608 ] ; see also Dimmick v. Dimmick, 95 Cal. 326 [ 30 P. 547 ]; Rowe v. Hibernia Sav. & Loan Soc., 134 Cal. 403 [ 66 P. 569 ]; Freese v. Hibernia Sav. & Loan Soc.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.