Travers v. Reinhardt’s Empirical Analysis

Citation profile

43 federal appellate · 9 district · 99 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 170 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Did the law of New Jersey recognize them as husband and wife after they took up their residence in that state and lived together, in good faith, as husband and wife, and were there recognized as such? Upon the authorities cited this question must be answered in the affirmative. “We are of the opinion that even if the alleged marriage would have been regarded as invalid in Virginia for want of license, had the parties remained there, and invalid in Maryland for want of a religious ceremony, had they remained in that state, it was to be deemed a valid marriage in New Jersey after James Travers and the woman Sophia, as husband and wife, took up their permanent residence there and lived together in that relation, continuously, in good faith, and openly, up to the death of Travers, being regarded by themselves and in the community as husband and wife. Their conduct towards each other in the eye of the public, while in New Jersey, taken in connection with their previous association, was equivalent, in law, to a declaration by each that they did, and during their joint lives were to, occupy the relation of husband and wife. Such a declaration was as effective to establish the status of marriage in New Jersey as if it had been made in words of the present tense after they became domiciled in that state.””

   3 later decisions quote this exact passage · from the majority
   e.g. United States v. Richardson · Serrano v. Workers' Compensation Appeal Board

2. ““Such formal provisions may be construed as merely directory, ins'tead of being treated as destructive of the common-law .right to form the marriage relation by words of present assent, and this is the rule generally adopted, in construing statutes regulating marriage. Whatever directions they may give respecting its formation or solemnization, the courts have usually held a marina go good at common law to be good, notwithstanding the statutes, unless they contain express words of nullity. This construction is not precluded by the' fact that the statute in question imposes a penalty or even though the parties themselves may be punished criminally.” 18 R. O. L. 398, and cases there cited.”

   1 later decision quote this exact passage · from the majority
   e.g. Reed v. Harkrader

3. “" * * * That cohabitation as husband and wife is a manifestation of the parties having consented to contract the relationship inter se. It is a holding forth to the world by the manner of daily life, by conduct, demeanor, and habit, that the man and woman who live together have agreed to take each other in marriage and to stand in the mutual relation of husband and wife; and when credit is given by those among whom they live, by their relatives, neighbors, friends, and acquaintances, to these representations and this continued conduct, then habit and repute arise and attend,upon the cohabitation.””

   1 later decision quote this exact passage · from the majority
   e.g. Parker v. De Bernardi