Maloney v. Maloney’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The question before the court is the nature of the property acquired by Jimmie Corkern between April 7, 1958 and January 27, 1970. During this period of time, a home and dairy business was acquired which has a substantial value. "A decree of separation from bed and board carries with it a dissolution of the community which is not re-established by the reconciliation of the parties. The procedure for re-establishing of the community after a reconciliation is set forth in Article 155 of the Civil Code of this state. It provides in part that the parties must appear before a notary and two witnesses and execute an act jointly to re-establish the community without prejudice to rights validly acquired in the interim between rendition of the judgment and recordation of the act of reconciliation. "The question of whether or not the community of acquets and gains was re-established between the parties after the rendition of the judgment of separation on April 7, 1958 in accordance with the provisions of Article 155 of the Civil Code, then must be determined. If the community was not re-established, then any property acquired subsequent to the judicial separation is not community property even though acquired after the parties were reconciled and living together. The court must find that the community was not re-established until January 27, 1970, and all property acquired by Mr. Corkern became his separate property. Although nearly twelve years went by after they reconciled the only ”

   1 later decision quote this exact passage
   e.g. 270 So. 2d 209 - Corkern v. Corkern