Kendrick v. Kendrick’s Empirical Analysis

Citation profile

144 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 144 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"To constitute fault within the meaning of Article 160, the wife's misconduct must not only be of a serious nature but must also be an independent contributory or proximate cause of the separation rather than a justifiable or natural response to initial fault on the part of the husband. Vicknair v. Vicknair, 237 La. 1032 , 112 So.2d 702 ; Kendrick v. Kendrick [ 236 La. 34 , 106 So.2d 707 ], supra; Davieson v. Trapp, 223 La. 776 , 66 So.2d 804 ; Breffeilh v. Breffeilh, 221 La. 843 , 60 So.2d 457 ; Felger v. Doty, 217 La. 365 , 46 So.2d 300 ; Hawthorne v. Hawthorne, 214 La. 905 , 39 So.2d 338 ; Chapman v. Chapman [La.App., 130 So.2d 811 ], supra; Davidson v. Jenkins, La.App. 216 So.2d 682 ; Smith v. Smith, La.App., 216 So.2d 391 ; Reynolds v. Reynolds, La.App., 228 So.2d 182 . And the wife bears the burden of proving with reasonable certainty both the fact that she was free from fault and the fact that she has not sufficient means for her support. Vicknair v. Vicknair, supra ; Richards v. Garth, 223 La. 117 , 65 So.2d 109 ; Hawthorne v. Hawthorne, supra ; Davidson v. Jenkins, supra ; Gradney v. Gradney, La.App., 191 So.2d 161 ; Calloway v. Calloway, La.App., 139 So.2d 55 ; Chapman v. Chapman, supra ; Primus v. Primus, La.App., 129 So.2d 925 ; Lyles v. Lyles, La.App., 126 So.2d 859 ." At 496.”

   3 later decisions quote this exact passage
   e.g. Barrios v. Barrios · 357 So. 2d 1378 - Saucier v. Saucier

2. “We have held that, under this statute representing an award of alimony to a wife without `fault' the word `fault' contemplates conduct or substantial acts of commission or omission by the wife violative of her marital duties and responsibilities. A wife is not deprived of alimony after divorce simply because she was not totally blameless in the marital discord.”

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

3. ““Where the husband’s fault provokes the wife into terminating the marital relationship, she is considered to be herself free from fault within the meaning of LSA Civil Code, Article 160 for purposes of awarding alimony. Scott v. Scott, 221 La. 249 , 59 So.2d 179 ; Creel v. Creel, 218 La. 382 , 49 So.2d 617 ; Felger v. Doty, 217 La. 365 , 46 So.2d 300 .””

   1 later decision quote this exact passage
   e.g. Bernard v. Broussard