Hamilton v. Fulkerson’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““... any personal property, including rights in action, belonging to any woman at her marriage ... shall ... be and remain her separate property and under her sole control, ... and any such married woman may, in her own name and without joining her husband, as a party plaintiff institute and maintain any action, in any of the courts of this state having jurisdiction, for the recovery of any such personal property, including rights in action, as aforesaid, with the same force and effect as if such married woman was a femme sole....””

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

2. ““The danger of fraudulent and trivial claims is no more real than that danger in litigation between other parties, and the courts and juries are as able to deal with trivial, fraudulent, and fictitious claims between spouses as well as with such claims between other litigants.””

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

3. “Irrespective of statutes, any common law rule based on the fiction of the identity of husband and wife, long since contrary to the fact, should not be applied to any `first impression' fact situation arising in this state.”

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