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← 246 S.C. 423 - Gasque v. Gasque

Gasque v. Gasque’s Empirical Analysis

1965

Citation profile

12
cited by 12 later decisions
2
states following
November 2011
most recently cited

8 state decisions

How this case has been cited

Cited by 12 later decisions — most recently November 2011

8 state decisions

40196519701980199020002010decided

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 District of Columbia v. Murphy · Sweeney v. District of Columbia · Phillips v. South Carolina Tax Commission · Richardson v. Richardson · Wilburn v. Wilburn

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.

  1. “By what is apparently the majority rule, the word “reside” or “residence” as used in statutes ... denotes the place of one’s fixed abode, not for a temporary purpose alone, but with the intention of making such place a permanent home.... “[T]he term [residence] means the place where a person has his true, fixed and permanent home and principal establishment, to which he has, whenever he is absent, an intention of returning.” ... It is well established that a person’s place of residence is largely one of intent to be determined under the facts and circumstances of each case. No specified length of time is required to fix the residence contemplated by our statute; the act and intent and not the duration of the residence are determinative.”
    1 later decision quote this exact passage
  2. “In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action____”
    1 later decision quote this exact passage
  3. ““And it is generally held that temporary absence from one’s domiciliary state solely because of government work or employment does not effect a change of domicile within the meaning of the divorce laws, in the absence of clear proof of an intent to abandon the old domicile and acquire a new one.””
    1 later decision 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.