Sells v. Sells’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[her] conduct. . . was so predominantly destructive to the marital relationship in its many and varied instances of indignities, that in totality the husband's indiscretions were . . . minimal as contrasted to the prolonged and extreme conduct displayed by the wife.”

   2 later decisions quote this exact passage
   e.g. 275 Pa. Super. 573 - Keller v. Keller · 252 Pa. Super. 294 - Rensch v. Rensch

2. “To make out a charge of indignities, three elements must be proved: (1) a course of conduct that, although varying according to the circumstances of each case, must in every case (2) be inconsistent with the marital relationship, and (3) render the condition of the innocent party intolerable and his or her life burdensome--- Although no general rule can be formulated as to what constitutes indignities in a particular case, the matter being one that depends upon all the circumstances of the particular case and the position in life, character, and disposition of the parties ... our cases hold that proof of “vulgarities, unmerited reproach, habitual contumely, studied neglect, intentional incivility, manifest disdain, abusive language, or malignant ridicule” may be sufficient to make out a case for divorce based on indigni-ties____ Moreover, several of these factors “may coalesce to justify a finding of indignities, although taken separately, no single incident or factor would be sufficient.” ... Finally, it should be noted that in the present case, the burden of proving indignities was on the husband as the party seeking the divorce ... and that the husband was required to prove that he was an innocent and injured spouse....”

   1 later decision quote this exact passage
   e.g. 337 Pa. Super. 573 - Vajda v. Vajda

3. ““ ‘Indignities may consist of vulgarity, unmerited reproach, habitual contumely, studied neglect, intentional incivility, manifest disdain, abusive language, malignant ridicule, and every other plain manifestation of settled hate and estrangement’ ” McKrell v. McKrell, 352 Pa. 173, 180 , 42 A.2d 609, 612 (1945) (quoting from Evans v. Evans, 152 Pa. Super. 257, 262 , 31 A.2d 590, 592 (1943)).”

   1 later decision quote this exact passage
   e.g. 302 Pa. Super. 1 - Rorabaugh v. Rorabaugh