Tomas Garrozi v. Juana Dastas’s Empirical Analysis

Citation profile

19 federal appellate · 22 district · 15 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The rights of the wife are dormant during the marriage, because the husband is charged to watch over and conduct the affairs of the conjugal society. But this right, which is inert, as long as the husband is at the head of the affairs of the community, becomes active when the marital authority ceases to exist. The wife is like a silent partner, whose rights arise and reveal themselves when the partnership ceases.’ Troplong, Contract de Mariage, vol. 2, p. 136, No. 855. “Under the law of France prior to the Napoleon Code the extent of the power of the husband as to the community property was so great that it was considered in theory that the rights of the wife, in or to the community, were not merely dormant during the marriage, but had no existence' whatever. In other words, the doctrine was upheld that the wife during the existence of the community had but a mere hope or expectancy, and hence, no interest whatever in the property or goods of the community until the community was dissolved. Dumoulin, Sur. l’art. 25, Cout. de Paris. And from this arose the expression that the community was a partnership which only commenced on its termination. AjSjtita result, however, of the right conferred upon the wife by some of the customs of France before the Code of Napoleon, and also expressly given by that code (Code Napoleon, 1443 et seq.), to procurS a decree dissolving the community when the affairs of the husband ..were in such disorder as to entail risk upon the wife it is the”

   1 later decision quote this exact passage · from the majority
   e.g. Casal Valdés v. Sancho Bonet

2. ““For, however derived, the very foundation of the community and its efficacious existence depend on the power of the husband, during the marriage, over the community, and his right, in the absence of . . . express legislative restriction, to deal with the community and its assets as the owner thereof. The purpose of the community, as expounded from the earliest times, whilst securing to the wife on the dissolution of the marriage an equal portion of the net results of the common industry, common economy and common sacrifice, was yet, as a matter of necessity, during the existence of the community, not to render the community inept and valueless to both parties by weakening the marital power of the husband as to his expenditures and contracts, so as to cause him to be a mere limited and consequently inefficient agent.””

   1 later decision quote this exact passage · from the majority
   e.g. Pendleton v. Brown

3. ““Besides, when it is considered that the ancient Spanish law, and that law as formulated in the Code of 1889, or in the Porto Rican Code of 1902, confers no authority upon the wife to obtain a judicial dissolution of the community merely because of the disorder of the husband’s affairs, it follows that the power of the husband under the Spanish system is m principle more extensive than it is under the Code Napoleon and the law of the countries which have followed that Code.” (Italics by the writer of this opinion.)”

   1 later decision quote this exact passage · from the majority
   e.g. Pfaff v. Bender