Cox v. Dodd’s Empirical Analysis

Citation profile

43 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘[When a divorce judgment does not affect property rights,] [proceedings to vacate it will not lie after the death of one of the parties. The only object which could be attained would be sentimental in nature, for the death of the parties effectually severs the marriage relation and the practical result of the judgment or decree would not be affected. On the other hand, where the judgment or decree affects property rights, the death of one party or both parties does not affect the right of the unsuccessful party or his or her representative to institute vacation proceedings. This is permitted, not for the purpose of continuing the controversy touching the right to a divorce itself, but for the ascertainment of whether the property has been rightly diverted from its appropriate channel of devolution.’ ””

   3 later decisions quote this exact passage
   e.g. Cummings v. Cummings · Smith v. Smith

2. ““We now declare that the statutory provisions for homestead, personal exemptions and the right of dower, accruing to a widow, are likewise to be held property rights within the purview of the foregoing authorities and the purpose of this decision. “We hold, therefore, that the appeal taken by complainant and his death after the same was perfected in this court did not abate the suit which was subject to revivor by the personal representative of decedent as affecting attorney’s fees, temporary allowance to the wife and the foregoing statutory rights of a widow.””

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

3. “While it has been held in some jurisdictions that a party defeated in a divorce action by a judgment, and thereby deprived of property rights, may prosecute an appeal after the death of the other party . . ., it has never been held that an action . . . may be prosecuted to judgment after the death of the plaintiff because incidentally it might take away property rights from the other party, but the contrary has been held. (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. 67 N.C. App. 661 - Elmore v. Elmore