Joyner v. Joyner’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Duress exists where one, by the unlawful act of another, is induced to make a contract or perform or forego some act under circumstances which deprive him of the exercise of free will. . . . Duress is commonly said to be of the person where it is manifested by imprisonment, or by threats, or by an exhibition of force which apparently cannot be resisted. Or it may be of the goods, when one is obliged to submit to an illegal exaction in order to obtain possession of his goods and chattels from one who has wrongfully taken them into possession.” Smithwick v. Whitley, 152 N.C. 369 , 67 S.E. 913 (1910) ; Joyner v. Joyner, 264 N.C. 27 , 140 S.E. 2d 714 (1965). See 13 Williston, Contracts, § 1616 (3d ed. 1970).”

   1 later decision quote this exact passage
   e.g. Adder v. Holman & Moody, Inc.

2. ““ ‘The presence of able counsel for the wife at the conference resulting in a separation agreement, and at the time she executes and acknowledges a deed of separation, “negatives the inference ■ or contention that she was incompetent to understand the arrangements, and was ignorant of its terms and did not know what she was doing, (citing authorities). . . .” ’ Joyner v. Joyner, 264 N.C. 27 , 140 S.E. 2d 714 .””

   1 later decision quote this exact passage
   e.g. 7 N.C. App. 509 - Calhoun v. Calhoun