Kirk v. Kirk’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““By a long line of decisions this court has consistently held to the following rule stated in Blakeney v. Home Owners’ Loan Corporation, 192 Okl. 158 , 135 P.2d 339 : ‘An estoppel must be pleaded in order to enable a party to avail himself of it on the trial, and must be pleaded with particularity in order to constitute either a cause of action or a defense.’ “In our opinion in Edwards v. Central Life Assurance Society, 179 Okl. 584 , 66 P.2d 939, 941 , we said: ‘But in sustaining plaintiff’s motion for a directed verdict, the court disregarded the issue upon which the case was tried and based its judgment on the law of estoppel. The plaintiff made no request of the court that its petition or reply be considered amended to conform to the facts, nor was the issue of estoppel otherwise affirmatively pleaded. It is well settled that estoppel must be sufficiently pleaded before it becomes available to the party relying thereon.’ ””

   1 later decision quote this exact passage
   e.g. Fox v. Overton

2. ““It is sufficient that the proof in this record shows that defendant was never legally divorced from his wife Carrie to establish that the trial court had no jurisdiction to grant the subsequent prayer for child support, which relief, under the pleadings in this case, could be granted only as relief incidental to the dissolution of a valid marriage.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. DuVall v. DuVall