Owen v. Owen’s Empirical Analysis
1945
Citation profile
26 state decisions
How this case has been cited
Cited by 29 later decisions — most recently April 2010 · most notably Russell v. Russell (1982), Lewis v. Lewis (1973)
26 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 McClure v. McClure · Strickland v. Strickland · Goodlet v. Goodlet · Bradshaw v. Sullivan · Serio v. Serio
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In 1 C.J., page 171 § 289 of the chapter of Abatement and Revival, it is said: ‘Where the party seeking a divorce appeals from a judgment, simply denying it, and pending the appeal either party dies, the appeal and the action abate absolutely and cannot be revived, there being no one living who can legally have any interest in the same. But it is otherwise in so far as the property rights of the parties are involved. . . ’ We do not have for decision the question whether an appeal could be prosecuted where no property rights are involved, for property rights were adjudged here; and there appears to be no division of authority as to the existence of the right of appeal when the decree also adjudicates property rights. 7 Enc. of Proc., page 834. In the case of Strickland v. Strickland, 80 Ark. 451 , the court had decreed in favor of the husband, and the wife appealed, and after the submission of the cause the husband died. The court said: ‘Of course, death terminates a divorce suit; but where property rights depend on the correctness of a divorce decree, and an appeal has been taken from it, it is the duty of the appellate court to review the decree in order to settle the property rights. (Citing cases).’ See also Johnson v. Bates, 82 Ark. 284 .””
3 later decisions quote this exact passagee.g. Speer v. Speer · Stuhr v. Oliver““. . . The rule is well settled in this state that a decree of divorce will not be granted on the uncorroborated testimony of the plaintiff alone, even though the alleged ground be conceded by the defendant, but such testimony must be corroborated by other evidence to establish the truth of the charge. ’ ’”
1 later decision quote this exact passagee.g. Dunn v. Dunn
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.