Fleming v. Fleming’s Empirical Analysis
1952
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently February 1999
12 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 Banks v. Banks · Hulett v. Hulett · Anderson v. Anderson · Alabama & Vicksburg Railway Co. v. Beardsley · United States Fid. & Guar. Co. v. Smith
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In a case where an alleged prior common-law marriage is interposed for the purpose of having the court declare invalid a ceremonial marriage, there is a strong-presumption in favor of the validity of the ceremonial marriage as against the prior alleged common-law marriage. Whitman v. Whitman, 206 Miss. 838 , 41 So. 2d 22 . In 55 C. J. S., Marriage, Sec. 43, pages 893-894, it is said, ‘In the case of conflicting marriages of the same spouse, tbe presumption of validity operates in favor of the second marriage. Accordingly the party attacking the validity of such second marriage has the burden of proving- such invalidity, even though it involves the proving of a negative; and the burden of showing a valid prior marriage is on the party asserting it.’ ””
2 later decisions quote this exact passage
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.