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← 322 Mass. 550 - Callow v. Thomas

Callow v. Thomas’s Empirical Analysis

1948

Citation profile

37
cited by 37 later decisions
12
states following
January 2002
most recently cited

2 district · 35 state decisions

How this case has been cited

Cited by 37 later decisions — most recently January 2002 · most notably Lewis v. Lewis (1976), Thompson v. Thompson (1963)

2 district · 35 state decisions — followed in 12 states

1501948195019601970198019902000decided

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 Jessie Thompson v. Charles N Thompson · Millar v. Millar · American Surety Co. v. Conner · Sleicher v. Sleicher · Mertz v. Mertz

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

  1. ““We are of opinion that the exception recognized in these cases is sound and that the present case falls within it. At the time of the accident the parties were husband and wife for all intents and purposes. Had no proceedings been brought to annul the marriage, this status would have endured until the marriage was terminated by death or divorce. * “While it doubtless is true that a decree of nullity ordinarily has the effect of making a marriage, even one which is voidable, void ab initio, this is a legal fiction which ought not to be pressed too far. To say that for all purposes the marriage never existed is unrealistic. Logic must yield to realities. Public policy requires that there must be some limits to the retroactive effects of a decree of annulment. # * “On the day after the accident if the plaintiff had brought suit against the defendant it could not have been maintained, for the marriage at that time had not been declared invalid. Tire situation was unaffected by the subsequent decree of annulment.””
    1 later decision quote this exact passage
  2. ““That no cause of action arises in favor of either husband or wife for a tort committed by the other during coverture is too well settled to require citation of authority.””
    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.